People v. Moss CA4/2

BACKGROUND

On November 15, 2018, a jury convicted defendant of assault with a deadly

weapon (§ 245, subd. (a)(1)) and found defendant inflicted great bodily injury on the

victim in committing the offense (§ 12022.7, subd. (a)). In a bifurcated proceeding, the

trial court found defendant had two prior strike convictions (§ 667, subds. (c), (e)(2)(A),

1170.12, subd. (c)(2)(a)), two serious felony priors (§ 667, subd. (a)), and two prior

prison commitments (§ 667.5, subd. (b)). In January 2019, the court sentenced defendant

to an indeterminate term of 25 years to life in prison but entered a stay on defendant’s

serious felony and prison prior enhancements. The court subsequently amended the

abstract of judgment to reflect a consecutive but stayed term for the great bodily injury

enhancement.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Defendant appealed and, in pertinent part, this court ordered the prison priors

stricken because then newly effective Senate Bill No. 136 (2019-2020 Reg. Sess.)

“eliminate[s] the one-year sentences for prior prison terms served unless the prior prison

term involves a conviction of a sexually…