People v. Tobias CA4/2

BACKGROUND

In 2003, a jury found defendant guilty of assault by means of force likely to

produce great bodily injury (§ 245, subd. (a)(1)) and battery causing serious bodily injury

(§ 243, subd. (d)), and also found true an enhancement for personal infliction of great

bodily injury (§ 12022.7, subd. (a)). Defendant admitted three serious felony priors

(§ 667.5, subd. (a)) and four prison priors (§ 667.5, subd. (b)). The trial court sentenced

defendant to 43 years to life in state prison, and imposed but stayed four one-year terms

for the prison priors.

Defendant appealed the judgment. (People v. Tobias (June 21, 2004, E033801)

[nonpub. opn.].) We remanded the matter to the trial court with directions to amend

defendant's abstract of judgment to strike one of the prison prior enhancements that had

been imposed and stayed, and affirmed the judgment in all other respects. (Ibid.)

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…