The Court of Appeal held that appellant’s enhancement under Penal Code section 667.5, subdivision (a) must be stricken because none of the offenses appellant committed after the prison prior offense is a “violent” felony. The Court also rejected the A.G’s request that, on remand, the prosecution be allowed to withdraw from the plea because striking the enhancement does not deprive the prosecution of the benefit of their bargain when the plea agreement did not specify a specific prison term. Finally, the court held that appellant was entitled to resentencing under Senate Bill No. 567, which amended Penal Code section 1170 and limits the court’s ability to impose a sentence exceeding the middle term.
^