In appellant’s prior appeal, the Court held that Senate Bill No. 136 (2019-2020 Reg. Sess.), which limited imposition of the Penal Code section 667.5, subdivision (b) enhancement to prior prison terms for sexually violent offenses, rendered appellant’s plea agreement unenforceable. The Court, therefore, directed the trial court to dismiss the enhancement and to allow the parties to reconsider the plea agreement. In this appeal, the Court explained that recently enacted Senate Bill No. 483 (2021-2022 Reg. Sess.) makes clear that the proper remedy is to strike the invalid prior prison term enhancement while leaving the remainder of the plea agreement intact. Thus, the Court directed the trial court to dismiss the prior prison term enhancement, but also remanded the matter because the trial court did not impose the maximum sentence for the attempted murder to which appellant pled, and because appellant may request the trial court to exercise its discretion to strike the firearm use enhancement.
^