People v. Rizzo CA1/1

I. BACKGROUND

When he was 24 years old, Rizzo killed his grandfather Orion Wesley Pannkuk and took a large amount of cash from Pannkuk’s sock.2 After a bench trial, Rizzo was convicted of first degree murder with a robbery-murder special circumstance (§§ 187, 190.2, subd. (a)(17)) and second degree robbery (former § 212.5, subd. (b)), both with enhancements. He was sentenced to life without parole for murder, plus one year for personal use of a deadly weapon (§ 12022, subd. (b)) and five years for a prior serious felony conviction (§ 667, subd. (a)). For robbery with the same enhancements, Rizzo received a concurrent term of 11 years, which was stayed. Sentences were stayed on enhancements for a prior prison term for robbery under former section 667.5, subdivision (b). Effective in 2020, the Legislature amended section 667.5, subdivision (b) to apply only to prior prison terms for sexually violent offenses. (Stats. 2019, ch. 590, § 1; People v. Jennings (2019) 42 Cal.App.5th 664, 681.) Section 1172.753 followed, invalidating enhancements under section 667.5, subdivision (b) for other offenses (§ 1172.75, subd. (a)) and requiring those serving a term for a judgment with such an…