58 Cal.App.5th 173
Cal. Ct. App.2020Background
- On March 21, 2017, Jeffrey Allan Joaquin shot a shotgun at a victim and was charged with attempted murder, firearm use, and related offenses, plus a prior-prison-term allegation under Penal Code § 667.5(b).
- Joaquin pleaded no contest to attempted murder (without premeditation) and admitted a § 12022.5 firearm-use enhancement and a one-year prior-prison-term enhancement under § 667.5(b).
- The trial court accepted the plea and imposed a stipulated 12-year term (7-year middle term for attempted murder + 4-year firearm enhancement + 1-year prior-prison-term enhancement).
- Senate Bill 136 (effective Jan. 1, 2020) narrowed § 667.5(b) so the one-year prior-prison-term enhancement now applies only to prior terms for certain sexually violent offenses; SB136 is retroactive to nonfinal judgments.
- Because Joaquin’s prior term (§ 273.5) is not a qualifying sexually violent offense, SB136 requires striking the § 667.5(b) enhancement, which the court concluded renders the original plea agreement unenforceable and necessitates remand.
- Senate Bill 620 (effective Jan. 1, 2018) gave trial courts discretion to strike § 12022.5 firearm enhancements in the interests of justice, but the court held remand for exercise of that discretion is moot while the plea is unenforceable; Joaquin may, on remand, accept/reject a new plea that includes a firearm enhancement or later seek striking of the enhancement after an open plea or conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SB136 requires striking the § 667.5(b) prior-prison enhancement and renders the plea unenforceable | SB136 is retroactive and eliminates the enhancement here, so the enhancement must be stricken and the plea cannot stand | Preserve the original plea bargain and sentence | Court: Strike the § 667.5(b) enhancement; the plea agreement is unenforceable; reverse and remand to restore status quo ante |
| Whether remand should direct the trial court to exercise SB620 discretion to strike the § 12022.5 firearm enhancement | Moot given SB136’s effect on the plea; prosecution not required to allow unilateral modification | Request remand so trial court may exercise its new discretion to strike the firearm enhancement | Court: Request is moot now; on remand defendant may accept/reject a new plea including the firearm enhancement or, after an open plea/trial, seek striking under SB620 |
| Whether the trial court may impose a longer sentence on remand if parties negotiate a new plea | Prosecution could seek a new agreement that results in a longer sentence | A longer sentence would deny defendant the benefit of the original bargain | Court: Trial court may not approve a new plea that imposes a longer sentence than the original plea agreement |
| Proper remedy and application of precedent (Stamps/Collins) when statutory change alters enhancements | Stamps governs remand where courts gain discretion to strike; Collins protects defendants from loss of bargain when external events invalidate judgment | Defendant entitled to benefit of bargain or restoration to status quo ante | Court: Applied Stamps/Collins principles; must restore parties to status quo ante, allow new plea or trial, and prohibit increasing sentence beyond the original bargain |
Key Cases Cited
- People v. Stamps, 9 Cal.5th 685 (Cal. 2020) (remand procedure when legislative change grants courts discretion to strike enhancements; prosecution may withdraw assent if court indicates it will strike enhancement)
- People v. Hernandez, 55 Cal.App.5th 942 (Cal. Ct. App. 2020) (SB136 applies retroactively and can render prior-prison-term enhancements inapplicable)
- People v. Barton, 52 Cal.App.5th 1145 (Cal. Ct. App. 2020) (when an enhancement is rendered inapplicable by later legislation, the plea agreement is unenforceable and parties must be returned to status quo ante)
- People v. Collins, 21 Cal.3d 208 (Cal. 1978) (court may not increase a defendant’s punishment on remand in a way that deprives defendant of the benefit of an original plea bargain)