People v. Vines CA4/3
Opinion
Opinion
Scott, J.
FACTS
In 1997, Vines was convicted of five counts of robbery and other offenses. The trial court found true that he had served two prior prison terms for purposes of former section 667.5(b) but stayed the punishment for those enhancements. The court sentenced Vines to a total of 198 years to life in prison, later reduced to 193 years to life. Effective January 1, 2020, the Legislature limited the applicability of section 667.5(b) to prior prison terms that were served for sexually violent offenses. (Stats. 2019, ch. 590, § 1.) It later afforded retroactive relief to those serving a sentence that includes a now-invalid prison prior enhancement. (Stats. 2022, ch. 58, § 12.) After the California Department of Corrections and Rehabilitation identified Vines as a person
1 All further statutory references are to the Penal Code.
2 serving a term for a judgment that includes a now-invalid enhancement, he petitioned the trial court to recall his sentence and resentence him pursuant to section 1172.75. But because Vines’s punishment on his prison prior was stayed, the court determined he was ineligible for relief and denied his petition.