People v. Newman CA5

INTRODUCTION

In 2011, appellant James Andrew Newman was convicted by jury of four counts of first degree robbery (Pen. Code,1 § 211, counts 1-4), one count of false imprisonment (§ 236, count 5), and one count of receipt of stolen property (§ 496, subd. (a), count 6). With respect to counts 1 through 4, the jury found true a firearm use enhancement allegation (§ 12022.53, subd. (b)). Following a bifurcated proceeding, the trial court found that Newman had suffered prior convictions under the Three Strikes law (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)) and had served prior prison terms (§ 667.5, subd. (b)). The trial court sentenced Newman to an indeterminate prison term of 25 years to life, plus a determinate term of 12 years. In 2020, Senate Bill No. 136 (2019-2020 Reg. Sess.) (SB 136) amended section 667.5, restricting the application of prior prison term enhancements except where a prior conviction is for a sexually violent offense. (Stats 2019, ch. 590, § 3.) Effective January 1, 2022, Senate Bill No. 483 (2021-2022 Reg. Sess.) (SB 483) added former section 1172.1, now section 1172.75 to the Penal Code. (Stats. 2021, ch. 728.) Section 1172.75 made SB 136’s changes to…