People v. Brunsvik CA3

DISCUSSION

Defendant argues Senate Bill No. 136 applies retroactively to him and asserts the prior prison term enhancement must be stricken. The People disagree, both with respect to the retroactivity of Senate Bill No. 136 and to the proposed remedy. We agree Senate

2 Bill No. 136 applies retroactively and find it appropriate in this case to strike the enhancement. I Retroactivity Senate Bill No. 136 was signed by the Governor on October 8, 2019, and, effective January 1, 2020, amended section 667.5, subdivision (b) to eliminate the one- year prior prison term enhancement for most prior convictions. (Stats. 2019, ch. 590, § 1.) An exception, not applicable here, is made for a qualifying prior conviction of a sexually violent offense, as defined in Welfare and Institutions Code section 6600, subdivision (b). The People assert Senate Bill No. 136 should not be applied retroactively to defendant’s case because defendant’s sentence included a mandatory supervision component. In their view, defendant’s sentence was imposed on the date of his sentencing hearing and the judgment in the case became final after he failed to appeal at that point. Thus, they conclude, the judgment in…