P. v. Villa CA6
This is the second appeal in this matter. In 2018, a jury found defendant Antonio Villa guilty of spousal battery causing corporal injury with a prior spousal battery conviction. (Pen. Code, § 273.5, subd. (f)(1).) The trial court found Villa had suffered a prior strike conviction and three prior prison terms. (§§ 667, subds. (b)-(i), 667.5, subd. (b).) The trial court imposed a total prison term of 10 years, consisting of the middle term doubled to eight years for the strike prior, plus two consecutive one-year terms for two of the prior prison term enhancements.
In his first appeal, Villa argued his prior prison terms should be stricken under a retroactive application of Senate Bill No. 136, which eliminated most types of prior prison term enhancements including those that had been imposed on Villa. We concluded the claim was meritorious, so we reversed the judgment and remanded for the trial court to strike those enhancements and resentence Villa. On resentencing, the trial cour
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