P. v. Houle CA1/3
In 2019, Carl Lee Houle, Jr., pled no contest to unlawfully possessing
a concealed dirk or dagger (§ 21310), and he admitted having a prior strike conviction (§§ 667, 1170.12) and serving two prior prison terms (former § 667.5, subd. (b)). Pursuant to the negotiated disposition, the trial court sentenced Houle to six years in prison, which included two mandatory one-year prior prison term enhancements.
On appeal, Houle urged this court to strike the prior prison term enhancements in light of Senate Bill No. 136 (2019–2020 Reg. Sess.; Senate Bill 136), which amended section 667.5, subdivision (b), effective January 1, 2020. Senate Bill 136 eliminated section 667.5, subdivision (b) enhancements except for sexually violent offenses as defined in the Welfare and Institutions Code. (See People v. Lopez (2019) 42 Cal.App.5th 337, 340–341.)
Comments on P. v. Houle CA1/3