People v. Lewis CA1/2

Filed 1/19/22 P. v. Lewis CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A162555 v. DARONTA TYRONE LEWIS, (Contra Costa County Super. Ct. Nos. 23250685, Defendant and Appellant. 52014249, 23336583)

Defendant Daronta Lewis was serving a nine-year sentence, including three one-year prior prison term enhancements under Penal Code section 667.5, subdivision (b),1 when he pleaded no contest to new charges and was sentenced to a new 11-year term, again including the prior prison term enhancements. However, in the interim, Senate Bill No. 136 limited those prior prison term enhancements to “sexually violent” offenses not at issue here, and Lewis argues that he is entitled to the retroactive benefit of that legislation. We agree, and accordingly we will strike the enhancements. BACKGROUND In August 2018, in Solano County Superior Court Case No. FCR330522, Lewis pleaded no contest to one count of robbery (Pen. Code,

1 Further undesignated statutory references are to the Penal Code.

1

§ 211) with an enhancement for use of a weapon (§ 12022, subd. (b)(1)) and three one-year enhancements for prior prison terms (§ 667.5, subd. (b)). (See People v. Lewis (Oct. 5, 2021, A162630) [nonpub. opn.], [pp. 1–2].)2 In September, the trial court sentenced Lewis to a total term of nine years, comprised of the upper term of five years for the robbery conviction and four consecutive one-year terms for each of the four enhancements. (Ibid.) On October 8, 2019, the Governor signed Senate Bill No. 136, which became effective January 1, 2020. It amended section 667.5, subdivision (b) to provide that the one-year prior prison term enhancement shall be imposed only for certain “sexually violent” offenses. (See § 667.5, subd. (b); Stats. 2019, ch. 590, § 1.) In 2017 and 2020, Lewis was charged in six cases in Contra Costa County with numerous counts, including multiple counts of felony vandalism (Case Nos. 02-325068-5, 05-200866-2, 05-201035-3, 02-333464-6, 05-201424- 9, 02-333658-3).3 On April 2, 2021, Lewis pleaded no contest to one count of felony grand theft from a person (§ 487, subd. (c)) in Case No. 2-325068-5 and two counts of felony vandalism (§ 594, subd. (a)) in Case No. 2-333658-3 in exchange for a sentence of two years in state prison, to run consecutive to his sentence in Solano County Case No. FCR330552. On April 2, the trial court sentenced Lewis to a term of 11 years in state prison. The trial court first resentenced Lewis to nine years in Case No. FCR330552—again the upper term of five years for second degree