Filed 1/9/20 P. v. Baldwin CA1/5

Opinion following rehearing

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE,

Plaintiff and Respondent,

v.

ANTHONY LEE BALDWIN,

Defendant and Appellant. A157080

(Del Norte County

Super. Ct. No. CRF 129177)

On November 19, 2019, in an unpublished opinion, we affirmed the trial court’s March 25, 2019 order resentencing Anthony Lee Baldwin to seven years in prison based on the upper term of five years for robbery and two one-year enhancements. On December 5, 2019, we granted Baldwin’s petition for rehearing to address the impact of Senate Bill No. 136 on Baldwin’s sentence. Having reviewed the supplemental briefs of Baldwin and the Attorney General, we strike the two one-year enhancements from Baldwin’s sentence. In all other respects, we affirm.

We incorporate by reference the discussion from our prior opinion, filed November 19, 2019, rejecting Baldwin’s claim that the trial court abused its discretion by failing to consider a mitigating factor during Baldwin’s 2019 resentencing hearing. (People v. Baldwin (Nov. 19, 2019, A157080) [nonpub. opn.].)

In his supplemental brief, Baldwin points out that Senate Bill No. 136 amends Penal Code section 667.5, subdivision (b) to provide that one-year prior prison term enhancements only apply if the prior prison term was served for a sexually violent offense as defined in Welfare and Institutions Code section 6600, subdivision (b). (Stats. 2019, ch. 590, § 1.)

In its supplemental brief, the Attorney General concedes Baldwin’s two one-year sentencing enhancements were not for sexually violent offenses. The Attorney General acknowledges that when this change to the law becomes operative—on January 1, 2020—then we can strike Baldwin’s two one-year enhancements.

We agree that this amendment to Penal Code section 667.5 subdivision (b), which is now effective, applies to Baldwin’s sentence. (People v. Lopez (2019) 42 Cal.App.5th 337, 340–341.) Accordingly, we strike from Baldwin’s sentence the two one-year enhancements.

DISPOSITION

We modify Baldwin’s sentence to strike the two one-year enhancements for prior prison terms. We direct the superior court to prepare and forward to the California Department of Corrections and Rehabilitation a new abstract of judgment sentencing Baldwin to five years in prison. As so modified, the judgment is affirmed.

 

_________________________

Jones, P. J.

WE CONCUR:

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Simons, J.

_________________________

Needham, J.

A157080