P. v. Atwell CA6
Pursuant to a negotiated plea agreement, appellant Michael Vincent Atwell pleaded no contest to felony taking or unauthorized use of a vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a)), carrying a loaded firearm when having a prior felony conviction (Pen. Code, § 25850, subd. (c) ), and misdemeanor resisting, delaying, or obstructing an officer (§ 148, subd. (a)(1)). He also admitted allegations that he had served a prior prison term (§ 667.5, subd. (b)) (hereafter “prior prison term enhancement”) and had suffered a prior strike conviction (§§ 667, subd. (b)–(i), 1170.12). Consistent with the terms of the plea agreement, the trial court sentenced Atwell to five years in state prison, which included one year for the prior prison term enhancement.
In his initial appeal to this court, Atwell contended this court should strike the prior prison term enhancement in light of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill 136).
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