People v. Riel CA3

FACTS AND HISTORY OF THE PROCEEDINGS

We omit a summary of the facts underlying defendant’s murder conviction because they are not relevant to the issues raised in this appeal. In 1988, a jury sentenced defendant Charles Dell Riel to death for the crime of first-degree murder. The trial court denied his section 190.4, subdivision (e), automatic application for modification of the jury’s verdict of death. In the same proceeding, the trial court imposed a determinate term sentence of 17 years for the crimes of robbery and kidnapping with enhancements. The 17-year-term included two sentencing enhancements of one year each for findings that the defendant had previously been imprisoned on two prior felony convictions as contemplated by former section 667.5, subdivision (b) (prison prior enhancements). The trial court stayed the determinate term sentence under section 654.

In 2000, our Supreme Court struck one of the two prison prior enhancements, but otherwise affirmed the judgment. (People v. Riel (2000) 22 Cal.4th 1153, 1172.)

Effective in 2020, the Legislature limited the circumstances under which a prison prior enhancement could be assessed. (§ 667.5, subd. (b), as amended by…