People v. Bell CA4/2

BACKGROUND

In 2014, a jury convicted defendant of assault with a deadly weapon (a knife)

causing great bodily injury(§§ 245, subd. (a)(l), 12022.7, subd. (a), 1192.7, subd. (c)(8)),

carrying a concealed dirk or dagger(§ 21310), unlawful possession of a deadly weapon

in a penal institution(§ 4574), three counts of battery on a custodial officer(§ 243.1), two

counts of resisting an executive officer (§ 69), and attempting to commit a violent injury

on a custodial officer (§ 241.1). Defendant admitted three prison prior enhancements

(§ 667.5, subd. (b)), a serious prior felony enhancement(§ 667, subd. (a)), and a strike

prior(§§ 677, subds. (c), (e)(l), 1170.12, subd. (c)(l)). The trial court imposed and

stayed one-year terms for each of the three prison priors, and sentenced defendant to a

total prison term of 18 years and eight months.

Defendant appealed the judgment and we affirmed. (People v. Bell (Sept. 29,

2015, E061359) [nonpub. opn.].)

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…