The Court of Appeal struck appellant’s two prior prison term enhancements in light of Senate Bill No. 136 (2019-2020 Reg. Sess.), which amended Penal Code section 667.5, subdivision (b) by eliminating this enhancement except for sexually violent offenses as defined in the Welfare and Institutions Code. In so doing, the court rejected the A.G.’s argument that appellant was not entitled to remand at this time because Penal Code section 1171.1 states that resentencing for individuals, like appellant, who are still serving their base term, does not have to be completed until December 2023. To do nothing, the Court explained, would simply waste resources.
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