People v. Arriaga CA4/3

BACKGROUND

In 1997, a jury convicted Defendant of six counts of indecent exposure in violation of section 314, subdivision (1) (counts 1, 4–8) and two counts of committing a lewd act upon a child in violation of section 288, subdivision (a) (counts 2, 3). As to counts 2 and 3, the jury found to be true an enhancement allegation that Defendant had committed the crimes against multiple victims. (§ 667.61, subds. (b) & (e)(5)). Defendant admitted an enhancement allegation under section 667.5, subdivision (b) (section 667.5(b))2 that he had a prior prison term (the section 667.5(b) enhancement).

1 Further statutory references are to the Penal Code.

2 As originally enacted in 1976, section 667.5(b) provided a one-

year enhancement to sentences for nonviolent felonies for each prison term previously served “for any felony.” (Former § 667.5(b), Stats. 1976, ch. 1139, § 268, pp. 5137–5138.) In 2019, the Legislature sharply restricted the prior prison enhancement by limiting it to prior prison terms for “a sexually violent offense as defined by subdivision (b) of Section 6600 of the Welfare and Institutions Code.” (Stats. 2019, ch. 590, § 1.)

2 In August 1997, the trial court…