People v. Caines CA4/2

BACKGROUND

In 2012, a jury found defendant guilty of four counts of kidnapping for purposes

of robbery (§ 209, subd. (b)(1)), six counts of robbery (§ 211), and one count of

preventing or dissuading a witness (§ 136.1, subd. (c)(1)). Defendant admitted several

enhancements, including three prison prior terms (§ 667.5, subd. (b)). The trial court

sentenced him to a determinate term of 19 years plus an indeterminate term of 14 years to

life, including one year each for two of the prison prior enhancements. It struck the third

prison prior.

1 All further statutory references are to the Penal Code. [nonpub. opn.].) We directed the trial court to resentence defendant as to the dissuading a

witness conviction, to stay pursuant to section 654 the sentences for the robbery counts,

and to adjust some of the fees imposed. (Ibid.) We 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 term…