People v. Lewis CA1/2

BACKGROUND

In August 2018, in Solano County Superior Court Case No. FCR330522, Lewis pleaded no contest to one count of robbery (Pen. Code,

Further undesignated statutory references are to the Penal Code.

1 § 211) with an enhancement for use of a weapon (§ 12022, subd. (b)(1)) and three one-year enhancements for prior prison terms (§ 667.5, subd. (b)). (See People v. Lewis (Oct. 5, 2021, A162630) [nonpub. opn.], [pp. 1–2].)2 In September, the trial court sentenced Lewis to a total term of nine years, comprised of the upper term of five years for the robbery conviction and four consecutive one-year terms for each of the four enhancements. (Ibid.) On October 8, 2019, the Governor signed Senate Bill No. 136, which became effective January 1, 2020. It amended section 667.5, subdivision (b) to provide that the one-year prior prison term enhancement shall be imposed only for certain “sexually violent” offenses. (See § 667.5, subd. (b); Stats. 2019, ch. 590, § 1.) In 2017 and 2020, Lewis was charged in six cases in Contra Costa County with numerous counts, including multiple counts of felony vandalism (Case Nos. 02-325068-5, 05-200866-2, 05-201035-3, 02-333464-6, 05-201424- 9,…