Lunsted

BACKGROUND

I. Lunsted Becomes Eligible for Resentencing

In 2016, Lunsted was convicted of one count of attempted rape and one count of

aggravated assault with an enhancement for inflicting great bodily injury. He received a

total sentence of 17 years, which included one year for a prior prison term enhancement

under section 667.5, subdivision (b).

When Lunsted was sentenced, section 667.5, subdivision (b), required trial courts

to impose a one-year enhancement for each true finding on an allegation that the

defendant had served a separate prior prison term and had not remained free of custody

for at least five years. (Former § 667.5, subd. (b).) However, as of January 1, 2020,

Senate Bill No. 136 (2019-2020 Reg. Sess.) amended section 667.5, subdivision (b), to

eliminate sentence enhancements for prior prison terms unless the prior terms were for

sexually violent offenses. (Stats. 2019, ch. 590, § 1; People v. Coddington (2023)

Cal.App.5th 562, 567.) Two years later, Senate Bill No. 483 (2021-2022 Reg. Sess.)

added section 1172.75 (formerly section 1171.1) to provide a resentencing procedure that

extends the prohibition on prior prison term enhancements to…