People v. Titman CA3

BACKGROUND

A jury found defendant guilty of multiple charges related to resisting a peace officer, and found true three prior prison term enhancements. The enhancement at issue in this appeal resulted from defendant’s 1995 conviction for two counts of committing a lewd or lascivious act on a person under the age of 14 years. (Pen. Code, §§ 667.5, subd. (b), 288, subd. (a).)

1 Defendant’s case was not yet final when Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill No. 136) took effect in January 2020 and amended the Penal Code such that this enhancement applied only if the prior prison term was served for a “sexually violent offense” as defined in the Welfare and Institutions Code, section 6600, subdivision (b).1 (Pen. Code, § 667.5, subd. (b).) Accordingly, when adjudicating defendant’s direct appeal, we struck two of his prior prison term enhancements and, because we also reversed a count of conviction and remanded for full resentencing, we directed the trial court to determine whether the remaining prior prison term resulted from a sexually violent offense. (People v. Titman (Feb. 5, 2020, C085354) [nonpub. opn.].) In August 2020, the trial court held a resentencing…