P. v. Behill CA4/12
This is defendant Jesse Bryan Behill’s second appeal from a judgment. In his first appeal, we held he was entitled on remand to a hearing for the limited purpose of allowing the trial court to exercise its discretion to strike firearm enhancements pursuant to recently enacted Senate Bill No. 620 (Senate Bill 620), effective January 1, 2018. (People v. Behill (Sept. 5, 2018, F074635) [nonpub. opn.].) Defendant now appeals from that hearing and argues the matter must be remanded again, this time to allow the trial court to strike his one-year prior prison term enhancement pursuant to Senate Bill No. 136 (Senate Bill 136), which became effective on January 1, 2020, during the present appeal The People contend defendant is not entitled to the benefit of Senate Bill 136 because the judgment of his conviction was final in 2018, before Senate Bill 136 took effect.
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