People v. Rivera CA4/3

facts are not relevant to the issue before us in this appeal, so we will summarize only the relevant procedural background. In August 2005, a jury found defendant guilty of two counts of robbery, one count of burglary, and found true related firearm enhancements. The trial court found true that defendant had two prior strike convictions, two serious felony priors, and one prison prior. The court sentenced defendant to 26 years in prison, and ordered the prison prior “stricken for purpose[s] of sentencing only.” 2 In December 2023, defendant filed a section 1172.75 petition. The trial court denied the petition “because all related enhancements were either stayed or stricken at time of sentencing.”

II.

DISCUSSION

“Prior to January 1, 2020, section 667.5, subdivision (b) required trial courts to impose a one-year sentence enhancement for each true finding on an allegation the defendant had served a separate prior prison term and had not remained free of custody for at least five years. [Citation.] Effective January 1, 2020, Senate Bill No. 136 (2019-2020 Reg. Sess.) . . . (Stats. 2019,

2 “If the court has the authority . . . to strike or dismiss an enhancement, the court may…