People v. Nash CA3

Filed 12/11/20 P. v. Nash CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C090575

Plaintiff and Respondent, (Super. Ct. No. 18FE006940)

v.

DAVID ARNOLD NASH,

Defendant and Appellant.

A trial court sentenced defendant David Arnold Nash to an aggregate term of 10 years in state prison, which included one year each for four prior prison term enhancements. Defendant contends the prior prison term enhancements should be vacated based on the retroactive application of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill 136), which the People concede. We will strike the prior prison term enhancements, remand the case for resentencing, and otherwise affirm the judgment. I. BACKGROUND A jury found defendant guilty of one count of possession of methamphetamine while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and one count of

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being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)).1 The jury also found true allegations that defendant had served four prior prison terms: one for a 1997 conviction for reckless evasion of a police officer (Veh. Code, § 2800.2, subd. (a)), one for a 2001 conviction for assault with personal infliction of great bodily injury (§§ 245, subd. (a)(1), 12022.7, subd. (a)), one for a 2011 conviction for unlawfully taking/driving a stolen vehicle (Veh. Code, § 10851, subd. (a)), and one for a 2013 conviction for being a felon in possession of a firearm (§ 29800, subd. (a)(1)). At the sentencing hearing, the court sentenced defendant to an aggregate term of 10 years in state prison, which included one year each for the four prior prison term enhancements. (§ 667.5, subd. (b).) II. DISCUSSION Defendant argues his prior prison term enhancements must be vacated based on the retroactive application of Senate Bill 136. The People agree, as do we. On October 8, 2019, the Governor signed Senate Bill 136 (2019-2020 Reg. Sess.), which amended section 667.5, effective January 1, 2020 (Stats. 2019, ch. 590, § 1). Senate Bill 136 narrowed eligibility for the one-year prior prison term enhancement to those who have served a prior prison sentence for a sexually violent offense, as defined. The amended provision states, in pertinent part: “Except where subdivision (a) applies, where the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that no additional term shall be imposed under this subdivision for any prison