People v. Hayes CA4/1

I. Factual and Procedural Background The trial court sentenced appellant on April 19, 2010, to serve thirty- five years to life in state prison for evading a peace officer and robbery. During sentencing, the trial court imposed but stayed two one-year terms for prison prior enhancements under section 667.5, subdivision (b)(2). In 2020, the Legislature enacted Senate Bill No. 136 (2019–2020 Reg. Sess.) to amend section 667.5, subdivision (b). The statute made prison prior enhancements applicable only to persons whose prior prison terms resulted from convictions for sexually violent offenses. Prison prior enhancements were eliminated for defendants whose prior prison terms were for non-

All further unspecified statutory references are to the Penal Code. 2 sexually violent offenses. (People v. Jennings (2019) 42 Cal.App.5th 664, 681; People v. Christianson (2023) 97 Cal.App.5th 300, 309, review granted Feb. 21, 2024, S283189 (Christianson).) On May 30, 2023, appellant submitted a petition for full resentencing relief to the trial court under section 1172.75, subdivision (c). On July 7, 2023, the trial court issued an “Ex Parte Minute Order,” tentatively denying appellant’s…