People v. Nevarez CA2/2

BACKGROUND

In 1999, defendant and appellant David Daniel Nevarez was convicted by a jury of two counts of robbery (Pen. Code, § 211)1 and petty theft with a prior theft conviction (§ 666), and one count of burglary (§ 459). The trial court found that defendant had previously suffered two prior “strike” convictions and one prior prison term. (§§ 667, 667.5, subd. (b), & 1170.12.) Defendant appealed, and we affirmed the convictions but remanded the matter for resentencing. (People v. Nevarez (Oct. 24, 2000, B132831) [nonpub. opn.], at pp. 2, 13.) On remand, the trial court reimposed the two 25 years to life sentences running consecutively and imposed two years as enhancements for the prior prison term. Defendant again appealed, and we modified the judgment by striking an unauthorized term of defendant’s punishment. (People v. Nevarez (May 13, 2003, B155431) [nonpub. opn.], at p 3.) In 2021, the Legislature passed, and the Governor signed, Senate Bill No. 483 (2021-2022 Reg. Sess.) (Sen. Bill 483). Sen. Bill 483 added section 1171.1, which renders “legally invalid” “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5,…