California v. ShawAnnotate this Case
In a previous appeal, the Court of Appeal affirmed defendant Shaun Shaw’s convictions for burglary, assault with a deadly weapon, and making a criminal threat, but remanded to allow the trial court to exercise its new authority pursuant to Senate Bill No. 1393 (Senate Bill 1393) (Stats. 2018, ch. 1013) to consider striking Shaw’s five-year enhancement for his serious prior felony conviction. At resentencing, the trial court again imposed the enhancement. Shaw challenged that decision and further arged that he was again entitled to resentencing, this time in light of Senate Bill No. 136 (Senate Bill 136) (Stats. 2019, ch. 590). After review, the Court of Appeal found no abuse of discretion in the decision not to strike the five-year enhancement imposed under section 667(a)(1). Nevertheless, resentencing was necessary to permit the trial court to strike the prison priors pursuant to recently enacted Senate Bill 136.