Does the amendment to section 667.5, subdivision (b) of the California Criminal Code apply retroactively to appellant?

California, United States of America


The following excerpt is from People v. Aguilar, F077866 (Cal. App. 2020):

The parties agree, as do we, that the amendment applies retroactively to appellant. The statute applies retroactively because the amended statute leads to a reduced sentence. (See People v. Brown, supra, 54 Cal.4th at pp. 323-324; In re Estrada, supra, 63 Cal.2d at pp. 745, 748 [for a non-final conviction, "where the amendatory statute mitigates punishment and there is no saving clause, the rule is that the amendment will operate retroactively so that the lighter punishment is imposed"].) Further, none of appellant's prior convictions were for a sexually violent offense. Accordingly, under section 667.5, subdivision (b), as amended, appellant would not qualify for the imposition of the one-year enhancements imposed for each of his prior prison terms.

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