People v. Manzanares CA4/2

BACKGROUND

In 1997, after a jury convicted defendant of robbery (§ 211) and found true five

“strikes” (prior serious felonies, § 667, subds. (a)-(i)) and two prison priors (§ 667.5,

subd. (b)), the trial court sentenced him to a total term of 35 years to life (25 years to life

for the robbery and five years each for two of the prior serious felonies). It stayed

punishment on three of the strikes and the two prison priors. Defendant appealed the

judgment, and we affirmed. (People v. Manzanares (Mar. 24, 1998, E019963) [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 eliminate prior prison term enhancements unless the prior prison term was

for specific sexually violent offenses. (Stats. 2019, ch. 590, § 1, eff. Jan. 1, 2020.) The

amendment was retroactive to any case in which the judgment was not final. (People v.

Lopez (2019) 42 Cal.App.5th 337, 341-342.)

1 All further statutory references are to the Penal Code.

2 In 2022, section 1172.75 became effective.2 (Stats.…