People v. Williams

—The sole issue in this appeal by the People is whether Assembly Bill No. 2049, which amends Penal Code sections 667 and 1385 to nullify the California Supreme Court’s decision in People v. Fritz (1985) 40 Cal.3d 227 [ 219 Cal.Rptr. 460 , 707 P.2d 833 ], applies to crimes committed before its effective date of May 6, 1986. We hold it does not.

The Proceedings Below

Prior to the commencement of trial, defendant pleaded guilty to committing attempted murder (§§ 187, 664) on March 24, 1986, with enhancements for use of a deadly weapon (§ 12022, subd. (b)) and infliction of great bodily injury upon the victim (§§ 12022.7, 1203.075). Defendant also admitted allegations that on March 28, 1977, he committed two prior serious felonies (residential burglary and robbery) within the meaning of section 667. Utilizing its power under former section 1385, the trial court struck the prior conviction allegations and sentenced defendant to state prison for the aggregate term of five years. This timely appeal by the People followed.

Review

Both the United States and the California Constitutions prohibit criminal or penal laws that are ex post facto. (U.S. Const., art. I, § 10, cl. 1;…