People v. Griffin
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A 2018 complaint charged Griffin with possession of methamphetamine for sale, possession of materials with the intent to make an explosive, and possession of ammunition by a prohibited person. A 2019 complaint charged entry with intent to commit larceny, malicious destruction of personal property, being a felon in possession of a firearm, and assault with a firearm, with allegations that Griffin personally discharged a firearm and that two prior prison term enhancements applied, based on convictions for weapons offenses. Another 2019 complaint charged Griffin with felony transportation of methamphetamine with intent to sell, other drug crimes, and extortion, alleging two prior prison terms. In two cases Griffin pled no contest to possession of a controlled substance for sale. In the third case, Griffin pled no contest to burglary and admitted a prior prison term. The stipulated term comprised six years for burglary and a one-year Penal Code 667.5 prison term enhancement. The court imposed the sentences in October 2019.
Senate Bill 136, effective January 2020, eliminated section 667.5(b)'s enhancement for prior prison terms except those based on sexually violent offenses. The court of appeal reversed the sentence. The enactment is retroactive. The prosecution may withdraw from the plea agreement but it would be an abuse of discretion for the trial court to impose a longer sentence than the original agreement if a new plea agreement is entered.
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