People v. Davis CA5

DISCUSSION

I. Prior Prison Term Enhancement

Effective January 1, 2020, the one-year enhancement provided for in section 667.5, subdivision (b) is inapplicable to all prior prison terms except those served for a sexually violent offense within the meaning of Welfare and Institutions Code section 6600, subdivision (b). (Stats. 2019, ch. 590, § 1.) This amendment, which resulted from the enactment of Senate Bill 136, has been held to apply retroactively to nonfinal judgments. (People v. Morelos (2022) 13 Cal.5th 722, 769–770.) The recent enactment of section 1171.1 confirms the Legislature’s intent for retroactive relief. Section 1171.1 provides, in relevant part: “Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code is legally invalid.” (§ 1171.1, subd. (a).)

3. Although Senate Bill 136 had gone into effect prior to the February 2020 proceedings on remand, it appears the issue of defendant’s section 667.5 enhancement was overlooked by the parties…