People v. Harris CA4/2

BACKGROUND

In 2014, defendant was convicted of first degree burglary with a person present

who was not an accomplice (§§ 459, 667.5, subd. (c)(21), count 1), infliction of corporal

injury on a spouse (§ 273.5, subd. (a), count 2), and first degree robbery (§ 211, count 3).

Defendant admitted he had a prior serious felony conviction (§ 667, subd. (a)) and a

prison prior (§ 667.5, subd. (b)). The court sentenced him to a prison term of 15 years,

consisting of eight years for the burglary (midterm of four years doubled on account of

the strike prior), two years for the injury of a spouse (one-year doubled), and five years

for the serious felony conviction. It also imposed a three-year term for the robbery,

which it stayed pursuant to section 364. The court struck the punishment for the prison

prior but the abstract of judgment incorrectly reflected that it was stayed.

1. The Developments Concerning the Elimination of Prior Prison Enhancements Other

Than Those Involving Certain Sexually Violent Crimes

In 2019, the Legislature amended subdivision (b) of section 667.5 (amended

§ 667.5(b)) to eliminate prior prison term enhancements unless the prior prison term was

for…