One year prison prior enhancements. Effective January 1, 2020, Pen C §667.5(b) was amended to limit the prior prison sentence enhancement to only those prison sentences imposed for specifically enumerated sexually violent offenses (see Welf & I C §6600(b)), none of which qualify for county jail under Pen C 1170(h). See §§1.21A– 1.21B, 1.28A, 2.3, 15.1, 15.7, 15.25, 15.27–15.28, 15.30, 15.34, 15.38.
Proposition 47 reductions. A felony conviction reduced to a misdemeanor under Proposition 47 requires dismissal of a related conviction where it was the basis for the “felonious conduct” element of the related conviction. People v Valenzuela (2019) 7 C5th 415. See §1.21B.
Deadly or dangerous weapon enhancements. The question of whether remand allows a court to substitute an uncharged lesser enhancement in connection with striking the greater enhancement was raised in People v Morrison (2019) 34 CA5th 217, 224 (approving the procedure). This conflicts with the holding reached in People v Tirado (review granted Nov. 13, 2019, S257658; superseded opinion at 38 CA5th 637) . See §5.17.
“Deadly” weapons within the meaning of Pen C §245(a)(1). Neither a knife nor a box cutter is an inherently deadly or dangerous weapon; People v Aledamat (2019) 8 C5th 1, 6. See §5.40.
Furnishing controlled substance as basis for felony murder rule. Considerable evidence supported ruling that manufacturing methamphetamine in an unprofessional lab is inherently dangerous to human life and supported felony murder conviction. In re White (2019) 34 CA5th 933, 949. See §6.8.
Arson enhancement. Pen C §451.1(a)(4) provides an enhanced sentence when a defendant has proximately caused multiple structures to burn in any single violation of Pen C §451. A defendant is not subject to multiple convictions for a single act of arson if the fire burns multiple structures, even if separate and distinct, or multiple pieces of property. People v Shiga (2019) 34 CA5th 466, 481. Arson (Pen C §451) is not a lesser included offense of aggravated arson (Pen C §451.5). 34 CA5th at 483. See §6.12.
Evidence of active gang participation. Admission of rap videos was cumulative and unduly prejudicial. People v Coneal (2019) 41 CA5th 951, 964. See §7.32.
Retroactivity of Health and Safety Code §11370.2 priors. The supreme court has vacated the holding of the Fifth Appellate District in People v Barton (Jan. 2, 2020, S255214) 2020 Cal Lexis 159, ) which had barred retroactive application of Health and S C §11370.2, in light of newly enacted Pen C §1016.8: waiver of future benefits of changes in law is contrary to public policy). See also People v Wright (2019) 31 CA5th 749 (defendant entitled to benefit following plea because waiver of right to appeal did not apply to future sentencing error based on unnoticed change in law). See §8.24.
Enhancements if kidnapping charged as primary offense. Attempted kidnapping is not a lesser included offense of completed kidnapping, at least in the context of Pen C §207(a). People v Fontenot (2019) 8 C5th 57, 72. However, a defendant can be convicted of an attempted kidnapping offense despite being charged with only a completed kidnapping. Fontenot, 8 C5th at 76. See §10.11.
Admissibility of rap sheet to prove prior convictions. An uncertified and unauthenticated computer printout is insufficient to prove prior conviction. People v Gonzalez (2019) 42 CA5th 1144. See §15.10.