People v. Ruggerio, B305655

In 2017 Ruggerio pleaded guilty to domestic violence and admitted a prior state prison term; the agreed sentence was five years (four-year base + one-year prior), but execution was suspended and he received five years’ formal probation.
In 2020 Ruggerio admitted violating probation; the court revoked probation and ordered execution of the five-year sentence.
The trial court denied Ruggerio’s motion to strike the one-year prior-prison-term enhancement under Penal Code § 667.5(b), concluding the case was final when Senate Bill No. 136 (S.B. 136) took effect.
S.B. 136 (effective Jan. 1, 2020) narrows § 667.5(b) enhancements to prior terms served for sexually violent offenses and was made retroactive to nonfinal cases.
Ruggerio’s prior was not for a sexually violent offense; he argued S.B. 136 applies and the enhancement must be stricken.
The Court of Appeal held a judgment that imposes but suspends execution of sentence is not final for S.B. 136 retroactivity purposes, vacated the denial, and remanded with directions to strike the enhancement and proceed consistent with precedent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a judgment that imposes but suspends execution of sentence is "final" for S.B. 136 retroactivity	People: Ruggerio’s case was final when S.B. 136 took effect, so retroactivity does not apply	Ruggerio: A suspended-execution judgment is not final; S.B. 136 applies retroactively	Court: Not final where defendant can still timely obtain direct review of revocation; S.B. 136 applies
Remedy if S.B. 136 applies to a nonfinal plea that included a prior-prison enhancement	People: Court may leave plea intact and simply strike enhancement, allowing reduced term	Ruggerio: Requests striking the enhancement so sentence is reduced per the ameliorative change	Court: Must strike the enhancement but may not unilaterally change other plea terms; court and prosecutor may withdraw or renegotiate the plea on remand

People v. Jennings, 42 Cal.App.5th 664 (2019) (explains § 667.5(b) prior-prison enhancement was mandatory pre–S.B. 136 and S.B. 136 retroactivity to nonfinal cases)
People v. Stamps, 9 Cal.5th 685 (2020) (courts may withdraw approval of pleas when legislative changes render an agreed term illegal; plea renegotiation allowed)
People v. Andahl, 62 Cal.App.5th 203 (2021) (applies S.B. 136 retroactively to nonfinal cases)
People v. France, 58 Cal.App.5th 714 (2020) (concludes S.B. 136 applies retroactively to nonfinal cases and discusses appropriate remedies)
People v. Griffin, 57 Cal.App.5th 1088 (2020) (addresses limits on changing plea terms post-resentencing and remedy scope)
People v. Hernandez, 55 Cal.App.5th 942 (2020) (directs courts to strike inapplicable enhancements and discusses plea-consent limits)
People v. Collins, 21 Cal.3d 208 (1978) (limits on increasing sentence beyond original plea terms)
People v. Hanson, 23 Cal.4th 355 (2000) (prohibits vindictive resentencing that chills right to appeal)