People v. Walker CA2/1

DISCUSSION

A sentence enhancement is an “ ‘ “additional term of imprisonment added to the base term.” ’ [Citation.]” (People v. Gonzalez (2008) 43 Cal.4th 1118, 1124.) Before January 1, 2020, section 667.5, subdivision (b) required that trial courts impose a one-year sentence enhancement for each prior prison or county jail term the defendant served if the defendant had not remained free of custody for the preceding five years. (§ 667.5, former subd. (b); People v. Jennings (2019) 42 Cal.App.5th 664, 681 (Jennings).) Effective January 1, 2020, Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill No. 136) amended section 667.5, subdivision (b), by limiting the enhancement to prior prison

3 terms for sexually violent offenses. (§ 667.5, subd. (b); Jennings, supra, 42 Cal.App.5th at p. 681.) “By eliminating section 667.5, subdivision (b) enhancements for all prior prison terms except those for sexually violent offenses, the Legislature clearly expressed its intent in Senate Bill No. 136 (2019–2020 Reg. Sess.) to reduce or mitigate the punishment for prior prison terms for offenses other than sexually violent offenses.” (Jennings, supra, at p. 682.) In 2021, the Legislature…