People v. Fairbanks CA1/5

BACKGROUND

A.

Before January 1, 2020, section 667.5, former subdivision (b), required trial courts to impose a one-year sentence enhancement for each true finding on an allegation the defendant had served a prior prison term and not remained free of custody for at least five years. (§ 667.5, former subd. (b), as amended by Stats. 2018, ch. 423, § 65; People v. Burgess (2022) 86 Cal.App.5th 375, 379–380 (Burgess).) Effective January 1, 2020, Senate Bill No. 136 (2019-2020 Reg. Sess.) amended section 667.5 by limiting the enhancement solely to prior terms served for sexually violent offenses. (Stats. 2019, ch. 590, § 1; Burgess, at p. 380.)

As a result of later legislation, section 1172.75 now retroactively invalidates all other prior prison term enhancements—imposed under section 667.5, former subdivision (b), before January 1, 2020 (§ 1172.75, subd. (a))—and provides a mechanism for courts to resentence defendants serving terms which include such enhancements. (Id., subds. (b)-(d); People v. Carter (2023) 97 Cal.App.5th 960, 966; Burgess, supra, 86 Cal.App.5th at p. 380.)

Specifically, section 1172.75 “directs the Secretary of the Department of Corrections and Rehabilitation .…