People v. Gore CA3

BACKGROUND

In October 2000, a jury convicted defendant of second degree robbery (count 1), attempted murder (count 2), assault with a firearm (count 3), and exhibiting a firearm (a lesser included offense of count 4). Various firearm enhancements were also found true by the jury, including that defendant intentionally personally discharged a firearm causing great bodily injury. Defendant admitted having suffered two prior prison terms (§ 667.5, subd. (b)). (People v. Gore (Dec. 27, 2001, C037034) [nonpub. opn.].) Defendant was sentenced to serve a determinate term of 11 years plus an indeterminate term of 25 years to life in prison for these convictions. We upheld this judgment in an unpublished decision issued in 2001. (Gore, supra, C037034.) Effective January 1, 2020, Senate Bill No. 136 (2019-2020 Reg. Sess.) (Stats. 2019, ch. 590) amended section 667.5 “by limiting the prior prison term enhancement to only prior terms for sexually violent offenses.” (People v. Burgess (2022) 86 Cal.App.5th 375, 380.) On October 8, 2021, the Governor signed Senate Bill No. 483 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 728, § 3), codified as section 1172.75, which implemented a recall and…