People v. Harmon CA2/1

BACKGROUND

In 1994, a jury found Harmon guilty of one count of second degree robbery (§ 211). After finding prior conviction allegations to be true, the court sentenced Harmon to 50 years to life: 25 years to life for the robbery under the “Three Strikes” law (§ 667, subd. (e)), plus a consecutive term of 25 years for five prior serious felony enhancements under section 667, subdivision (a)(1) (five years each).2 As reflected in the abstract of judgment, the court imposed three one-year enhancements under section 667.5, subdivision (b), and ran the three-year term concurrently with the rest of Harmon’s sentence. At the time Harmon was sentenced in 1994, section 667.5, subdivision (b), required a trial court, when sentencing a defendant to prison for a felony, to impose a one-year term for each prior prison term the defendant had served, unless the defendant had remained free of custody for at least five years. Effective January 1, 2020, Senate Bill No. 136 amended section 667.5, subdivision (b), to limit the enhancement to prior prison terms served for sexually violent offenses. (Sen. Bill No. 136

2 The December 19, 1994 abstract of judgment indicates the

court sentenced Harmon…