P. v. Reynolds CA5
Appellant Richard Reynolds was convicted by a jury of violating Penal Code sections 459 and 460, subdivision (a), first degree burglary. In a court trial, it was found true that Reynolds had suffered a serious felony conviction pursuant to section 667, subdivision (a)(1); one prison prior pursuant to section 667.5, subdivision (b); and five prior strike convictions pursuant to section 667, subdivisions (b)-(i) and section 1170.12, subdivisions (a)-(d). A determinate term of five years, followed by an indeterminate term of 25 years to life was imposed.
Reynolds appealed his convictions and counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. Subsequently, Senate Bill No. 1393 was signed and became effective on January 1, 2019, effectively granting the trial court discretion to strike section 667, subdivision (a) enhancements. (Stats. 2018, ch. 1013, §§ 1-2; People v. Garcia (2018) 28 Cal.App.5th 961, 971-972.)
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