P. v. Hernandez CA5
Appellant and defendant Jose Antonio Hernandez entered a plea negotiation in which he agreed to a term of 10 years in state prison. The 10-year term included the imposition of two prior prison term enhancements. On appeal, he argued the enhancements must be dismissed because of the subsequent enactment of Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136) that amended Penal Code section 667.5, subdivision (b). Defendant further argued that on remand, he could not be sentenced to more than the 10-year term that the prosecution agreed to as part of the plea agreement.
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