People v. Wallace CA5

DISCUSSION

Effective January 1, 2020, Senate Bill 136 amended section 667.5, subdivision (b) (Stats. 2019, ch. 590, § 1) to limit prior prison term enhancements to only prior prison terms that were served for sexually violent offenses as defined by Welfare and Institutions Code section 6600, subdivision (b); enhancements based on prison terms

The facts underlying the conviction are not relevant. All statutory references are to the Penal Code unless otherwise noted.

2. served for other offenses became legally invalid. (§ 667.5, subd. (b).) Pursuant to In re Estrada (1965) 63 Cal.2d 740 at page 742, the amendment was to be applied retroactively to all cases not yet final on January 1, 2020. (People v. Lopez (2019) 42 Cal.App.5th 337, 341–342.) Defendant’s judgment was final many years before January 1, 2020, and thus the trial court properly denied his motion. It is from that denial that defendant appeals now. “ ‘ “It is settled that the right of appeal is statutory and that a judgment or order is not appealable unless expressly made so by statute.” [Citations.]’ [Citation.] ‘An order made after judgment affecting a defendant’s substantial rights is appealable. (§…