People v. Vasquez CA3

BACKGROUND

In November 2016, a jury convicted Vasquez of three counts of lewd and lascivious acts on a child under the age of 14 (§ 288, subd. (a)). He admitted allegations that he had suffered a prior strike conviction (§ 667, subds. (b)-(i)) and had served a prior prison term (§ 667.5, subd. (b)). In January 2017, the trial court sentenced him to an aggregate prison term of 25 years, which included the upper term of eight years doubled to 16 because of the prior strike, two additional terms of four years each (one-third the midterm doubled because of the prior strike), and one year for the prior prison term enhancement. (People v. Vasquez (Apr. 20, 2021, C083816) [nonpub. opn.].) Vasquez appealed, and in a decision issued on April 20, 2021, this court agreed that his one-year prior prison term enhancement was invalid under then-newly enacted Senate Bill No. 136 (2019-2020 Reg. Sess.), “which amended section 667.5, subdivision (b) to limit a prior prison term enhancement to people who have served a sentence for certain sexually violent offenses.” (People v. Vasquez, supra, C083816.) We “modif[ied] the judgment to strike [Vasquez’s] one-year prior prison enhancement imposed…