People v. Turner CA4/1

DISCUSSION

When Turner was sentenced, section 667.5, subdivision (b), required the court to “impose a one-year term for each prior separate prison term served for any felony” when the prior prison term was “charged and admitted or found true in the action for the new offense.” (Former § 667.5, subds. (b) & (d), as amended by Assem. Bill No. 11; Stats. 1997, ch. 504 § 2.) The Legislature amended section 667.5, subdivision (b), effective January 1, 2020, to impose a one-year enhancement only for a prison term served for conviction of a sexually violent offense, rather than for any felony. (Senate Bill No. 136 (2018-2019 Reg. Sess.) eff. Jan. 1, 2020; Stats. 2019, ch. 590, § 1.) That amendment was given retroactive effect on January 1, 2022, by Senate Bill No. 483 (Stats. 2021, ch. 728, § 3), which added then-section 1171.1 (since renumbered as section 1172.75). Section 1172.75, subdivision (a), invalidates “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of [s]ection 667.5,” except for sexually violent offenses. “If the court determines that the current judgment includes an enhancement described in subdivision (a), the court shall…