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Name: People v. Escobedo (2023) 95 Cal.App.5th 440 (and People v. Chavira)
Case #: B322608; B323765
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/12/2023

Trial court orders denying inmates’ petitions to strike their prior prison term enhancements pursuant to Penal Code section 1172.75 were nonappealable. The defendants, each currently serving consecutive terms for in-prison offenses, filed separate postjudgment requests to strike prior prison term enhancements. The petitions were denied and they appealed. Held: Appeals dismissed. After imposition of the prior prison term enhancements on these defendants, former Penal Code section 667.5(b) was amended (SB 136) to limit its application to prison terms served for sexually violent offenses. Later, SB 483 made SB 136 retroactive by creating a mechanism and timetable to strike such enhancements…

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Name: In re Rodriguez
Case #: D078421
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/22/2021

Ameliorative amendments to Penal Code section 667.5 are not retroactive to final judgments even where the defendant is sentenced on a new offense that results in an aggregate sentence that includes the prior judgment. Defendant was sentenced in Case A to 13 years 4 months, including a one-year prior prison term enhancement under former section 667.5, subdivision (b). The conviction in Case A was affirmed on appeal and the judgment became final. In Case B, in a separate proceeding, the court imposed a determinate prison term to run consecutively with the remaining term in Case A. The…

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Name: People v. Ruggerio
Case #: B305655
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/25/2021

Where defendant was placed on probation and execution of the imposed state prison sentence was suspended, defendant was entitled to retroactive application of the ameliorative provisions of Senate Bill No. 136, but remand for reconsideration of the plea agreement was also required. Defendant was placed on probation in 2017, with a sentence of five years in state prison imposed but execution suspended, in keeping with the plea agreement fixing that sentence. In 2020, the defendant violated probation. The court revoked probation and ordered execution of the five-year sentence. Defendant moved to strike the one-year enhancement for a prior…

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Name: People v. Lopez
Case #: F075765
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/20/2019

Defendant’s four prior prison term enhancements must be stricken based on Senate Bill No. 136, which applies retroactive to judgments that were not final on January 1, 2020. Lopez received a sentence of 17 years and eight months. Four years were based on four prior prison terms (Pen. Code, § 667.5, subd. (b)). Lopez appealed. Held: Prior prison term enhancements stricken. SB 136, which amends section 667.5, subdivision (b), was signed into law on October 8, 2019 and went into effect on January 1, 2020. Under the amendment, a one-year prior prison term enhancement only applies if a defendant…

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