P. v. Barrera CA5
Defendant Matthew Joseph Barrera entered into a stipulated plea agreement that included four prior prison term enhancements. In our prior opinion, we ordered the enhancements stricken based on the modifications to Penal Code section 667.5, subdivision (b), brought about by Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136) and the matter remanded to the trial court to permit the People and trial court an opportunity to withdraw from the plea agreement. Our Supreme Court granted review then remanded the matter to us with direction to “vacate [our] decision and reconsider the cause in light of Senate Bill No. 483” (2021–2022 Reg. Sess.) (Senate Bill 483).
The parties have submitted supplemental briefing. Defendant contends that we should strike the prior prison term enhancements and remand for resentencing.
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