People v. Stone CA1/3

BACKGROUND

In 1993, after a bench trial, Stone was convicted of multiple counts of kidnapping and sexual assault against minors arising out of events occurring in 1992, along with several enhancements — none of which were prior prison term enhancements under former section 667.5, subdivision (b). The trial court sentenced him to 109 years, four months in prison. One month before this sentencing, Stone also pled no contest to first degree burglary based on events occurring in 1990, along with enhancements for a prior prison conviction (§ 667.5, subd. (b)) and for a prior serious felony conviction (former § 667, subd. (a)). In a separate abstract of judgment, the court sentenced Stone to nine years in prison — the middle term of four years for the burglary, and five years for the prior serious felony enhancement. The court 1 struck the prior prison enhancement and stated the sentence in that case was to “run concurrent with any sentence [Stone] is now serving or is subject to serve in the Department of Corrections.” Effective January 1, 2020, Senate Bill No. 136 (2019–2020 Reg. Sess.) amended section 667.5, subdivision (b), to eliminate sentencing enhancements for prior prison…