People v. Stamps
Annotate this CaseDefendant pled no contest to one count of residential burglary (Pen. Code 459) and admitted a prior serious felony conviction (section 667(a)(1)) in exchange for a stipulated nine-year sentence and the dismissal of other counts. He was sentenced on January 10, 2018. On March 29, 2018, Defendant filed a notice of appeal. His request for a certificate of probable cause was denied. At the time of sentencing, the trial court did not have the discretion to strike an enhancement imposed under section 667(a)(1). On September 30, 2018, the Governor signed Senate Bill No. 1393, effective January 1, 2019, giving courts the discretion to dismiss five-year sentence enhancements under section 667(a). The court of appeal remanded so that the trial court may exercise its discretion to strike the five-year serious felony conviction enhancement pursuant to recently enacted Senate Bill No. 1393. (Stats. 2018, ch. 1013), which was intended to apply retroactively. The court’s acceptance of the negotiated sentence does not clearly establish that the court would not have exercised discretion to strike the enhancement if it had that discretion.
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