People v. Hernandez CA5

INTRODUCTION

Appellant and defendant Jose Antonio Hernandez entered a plea negotiation in which he agreed to a term of 10 years in state prison. The 10-year term included the imposition of two prior prison term enhancements. On appeal, he argued the enhancements must be dismissed because of the subsequent enactment of Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136) that amended Penal Code1 section 667.5, subdivision (b). Defendant further argued that on remand, he could not be sentenced to more than the 10-year term that the prosecution agreed to as part of the plea agreement. This court relied on the California Supreme Court’s ruling in People v. Stamps (2020) 9 Cal.5th 685 (Stamps), vacated defendant’s sentence, and remanded to the trial court to dismiss the prior prison term enhancements, and held the People could either agree to modify the bargain to reflect the downward departure in the sentence, or choose to withdraw from the original plea agreement, and the court could choose to withdraw its prior approval of the plea agreement. Thereafter, the California Supreme Court granted defendant’s petition for review, vacated this court’s opinion, and remanded to…