People v. Serrano CA4/3

FACTS

In 2018, Serrano pleaded guilty to second degree robbery and other offenses and admitted to serving two prior prison terms for purposes of former section 667.5(b). The trial court struck the punishment for the prison priors and sentenced Serrano to a total of 18 years in prison.2 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

1 All further statutory references are to the Penal Code.

2 Although Serrano’s abstract of judgment does not list the two

enhancements under section 667.5(b), the trial court stated at sentencing that they were stricken “for sentencing purposes.” It is undisputed that these enhancements are part of Serrano’s judgment. (See People v. Mitchell (2001) 26 Cal.4th 181, 185 [oral judgment controls].)

2 prison prior enhancement. (Stats. 2022, ch. 58, § 12.) After the California Department of Corrections and Rehabilitation identified Serrano as a person serving a term for a judgment that includes a now-invalid enhancement, he…