People v. Lamarra CA3

DISCUSSION

I Section 667.5, subdivision (b) Enhancements Following the enactment of Senate Bill 136, only prior prison terms for sexually violent offenses are subject to the one-year enhancement pursuant to section 667.5, subdivision (b). (§ 667.5, subd. (b), as amended by Stats 2019, ch. 590, § 1.) Defendant asserts that, following the enactment of Senate Bill 136, his four 1-year sentences imposed for prior prison terms under section 667.5, former subdivision (b) must be stricken. Defendant asserts that, contrary to the trial court’s determination, under People v. Esquivel (2021) 11 Cal.5th 671, the ameliorative benefits of Senate Bill 136 apply to “suspended execution cases pending on appeal from an order causing a previously imposed sentence to take effect” such as this. (Esquivel, at p. 680.) The

People v. Harvey (1979) 25 Cal.3d 754, 758.

3 Attorney General concedes defendant is entitled to the ameliorative effect of the changes to section 667.5, subdivision (b) effected by Senate Bill 136. We agree. Indeed, under section 1171.1, added by Senate Bill No. 483 (2021-2022 Reg. Sess.) (Senate Bill 483), effective January 1, 2022, “[a]ny sentence enhancement that was…