Review was originally granted with briefing deferred pending decision in People v. Hernandez (2020) 55 Cal.App.5th 942, review granted 1/27/2021 and case transferred to Court of Appeal on 12/22/2021 (S265739/F080131), which presented the following issues: (1) If a defendant’s prior prison term enhancements are stricken under Senate Bill No. 136, does the remainder of the sentence agreed to under a plea agreement remain intact or must the case be remanded to allow the People to withdraw from the plea agreement and to obtain the trial court?s approval (see People v. Stamps (2020) 9 Cal.5th 685)? (2) If the plea agreement is rescinded in light of Senate Bill No. 136, can the defendant be sentenced to a term longer than provided for in the original agreement?
On 12/22/2021, the court ordered supplemental briefing in People v. Prudholme and directed the parties to brief the following issues: (1) Does Assembly Bill No. 1950 (Stats. 2020, ch. 328) apply retroactively under In re Estrada (1965) 63 Cal.2d 740? (2) If so, does the remand procedure of People v. Stamps (2020) 9 Cal.5th 685 apply?
Review on this issue has also been granted with briefing deferred in:
- People v. Coffey (Oct. 7, 2021, F080792) [nonpub. opn.], review granted 1/5/2022 (S271719)
- People v. Haney (Nov. 18, 2021, F081735) [nonpub. opn.], review granted 2/9/2022 (S272473)
- People v. Emery (Jan. 19, 2022, C093813) [nonpub. opn.], review granted 3/30/2022 (S273293)
- People v. Alonzo (July 23, 2021, F081532) [nonpub. opn.], review granted 10/13/2021 (S270190)
- People v. Butler (2022) 75 Cal.App.5th 216, review granted 6/1/2022 (S273773)
- People v. Scarano (2022) 74 Cal.App.5th 993, review granted 6/1/2022 (S273830)
- People v. Flores (2022) 77 Cal.App.5th 420, review granted 6/22/2022 (S274561)
- People v. Shelly (2022) 81 Cal.App.5th 181, review granted 9/21/2022 (S276031/C094048)
- People v. Maetta (G059912) [nonpub. opn.], review granted 11/22/2022 (S276712)