Fox

Defendant Brian K. Fox was charged with eight felony counts, including two counts of attempted murder, and several firearm enhancements. To resolve his case, he pleaded guilty to a single count of robbery, admitted to personally using a firearm during the offense, and agreed to be sentenced to 15 years in prison, including 10 years for the firearm enhancement. The trial court accepted the plea and sentenced Fox in accordance with it.

Fox appealed without obtaining a certificate of probable cause from the trial court. He now contends that under Senate Bill No. 620 (2017-2018 Reg. Sess.) (Senate Bill No. 620), he is entitled to a remand not for the purpose of seeking to withdraw his plea, but instead for the purpose of asking the trial court to exercise its discretion under the new legislation to strike the firearm enhancement, potentially reducing his negotiated sentence by 10 years.

We reject Fox's view of Senate Bill No. 620, and in so doing decline to adopt the analysis of People v. Hurlic (2018) 25 Cal.App.5th 50 , 235 Cal.Rptr.3d 255 ( Hurlic ) and other decisions following it. We agree that Senate Bill No. 620 applies to defendants whose judgments were not final when the…