One-Year Enhancements Unauthorized

California v. Andahl Court: California Courts of Appeal, Docket: C090707 (Third Appellate District), Opinion Date: March 19, 2021. Defendant Jason Andahl appealed a July 2019 judgment revoking his probation and executing a prison sentence of seven years eight months imposed in 2018 when he was first placed on probation. The sentence included two prior prison term enhancements of one year under Penal Code section 667.5 (b). Effective January 1, 2020, Senate Bill 136 (2019-2020 Reg. Sess.) amended section 667.5 (b) to limit qualifying prior prison terms to those served for sexually violent offenses, which defendant’s prior offenses were not. The parties did not contest that Senate Bill 136 was retroactive under In re Estrada, 63 Cal.2d 740 (1965). On appeal, defendant claimed he was entitled to the benefit of Senate Bill 136 under the California Supreme Court’s decision in California v. McKenzie, 9 Cal.5th 40 (2020). The Attorney General responded that McKenzie did not govern because the 2018 order at issue here suspended the sentence’s execution, as opposed to its imposition, and was therefore a final judgment for retroactivity purposes. The Court of Appeal concluded that by virtue of the retroactive change in the law, defendant’s one-year enhancements were unauthorized and must be stricken.