P. v. Lamarra CA3
Defendant Roger Thomas Lamarra pleaded guilty to child endangerment (Pen. Code, § 273a, subd. (a)) and admitted serving four prior prison terms (§ 667.5, former subd. (b)) in exchange for probation and a suspended sentence of the upper term of six years on the child endangerment count plus four years for the prior prison term enhancements. After defendant violated probation, the trial court reimposed the suspended sentence. On appeal, defendant asserts that (1) following the enactment of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill 136), his prior prison terms are no longer qualifying offenses for section 667.5, subdivision (b) enhancements, (2) the proper remedy is for this court to strike the four prior prison term enhancements rather than remand for resentencing, and (3) the trial court erred in calculating custody credits.
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