In A162143, the Court of Appeal remanded for resentencing because the record was, at best, unclear whether the trial court was aware that it had the discretion to strike a firearm enhancement and imposed in its place a lesser enhancement under Penal Code section 12022.53. Upon remand, the Court of Appeal held that appellant would be entitled to the benefit of recently enacted Senate Bill No. 81 (2021–2022 Reg. Sess.), which amended Penal Code section 1385 “to specify factors that the trial court must consider when deciding whether to strike enhancements from a defendant’s sentence in the interest of justice.” In A161796, the Court of Appeal held that the one-year prior prison term enhancement under Penal Code 667.5, subdivision (b) must be stricken because it was not for a sexually violent offense.
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