P. v. Chavez CA5
In 2012, Lester Daniel Chavez pled no contest to carjacking and admitted various enhancements including four prior prison terms (Pen. Code, § 667.5, subd. (b)). He was sentenced to serve 18 years in prison. Seven years later, he moved to vacate the sentence and argued the court erroneously limited his custodial credits earned to 15 percent pursuant to section 2933.1. The trial court denied the motion.
On appeal, Chavez now argues the Legislature’s interim enactment of Senate Bill No. 136 (2019-2020 Reg. Sess., § 1) (SB 136) to eliminate most prior prison term enhancements applies to his case retroactively. He claims denying it retroactivity to cases final on appeal denies him equal protection under the law.
We conclude the appeal was taken from a nonappealable order. Accordingly, we will dismiss the appeal.
Comments on P. v. Chavez CA5