People v. Houle, A159055

CourtCalifornia Court of Appeals
Writing for the CourtRodríguez, J.
PartiesTHE PEOPLE, Plaintiff and Respondent, v. CARL LEE HOULE, JR., Defendant and Appellant.
Docket NumberA159055
Decision Date10 May 2022

THE PEOPLE, Plaintiff and Respondent,
v.

CARL LEE HOULE, JR., Defendant and Appellant.

A159055

California Court of Appeals, First District, Third Division

May 10, 2022


NOT TO BE PUBLISHED

(Sonoma County Super. Ct. No. SCR724212-1)

OPINION ON TRANSFER [1]

Rodríguez, J.

In 2019, Carl Lee Houle, Jr., pled no contest to unlawfully possessing a concealed dirk or dagger (§ 21310), and he admitted having a prior strike conviction (§§ 667, 1170.12) and serving two prior prison terms (former § 667.5, subd. (b)). Pursuant to the negotiated disposition, the trial court sentenced Houle to six years in prison, which included two mandatory one-year prior prison term enhancements.

On appeal, Houle urged this court to strike the prior prison term enhancements in light of Senate Bill No. 136 (2019-2020 Reg. Sess.; Senate

1

Bill 136), which amended section 667.5, subdivision (b), effective January 1, 2020. Senate Bill 136 eliminated section 667.5, subdivision (b) enhancements except for sexually violent offenses as defined in the Welfare and Institutions Code. (See People v. Lopez (2019) 42 Cal.App.5th 337, 340-341.) This court held Senate Bill 136 applied retroactively, and that remand was "appropriate in order for the trial court to strike the section 667.5, subdivision (b) enhancements." (People v. Houle (2021) 64 Cal.App.5th 395, 398, review granted July 28, 2021 and cause remanded Apr. 20, 2022, S269337.) We also concluded Senate Bill 136 "rendered the parties' plea bargain unenforceable, such that on remand the trial court must restore the parties to the status quo ante. [Citation.] The parties may enter into a new plea agreement, but, if they do, the trial court may not impose a longer sentence than [Houle's] original six-year term." (Houle, at p. 398.)

The California Supreme Court granted review, then transferred the matter to this court with directions to vacate our decision and reconsider the cause in light of Senate Bill No. 483 (2020-2021 Reg. Sess.; Senate Bill 483), which was enacted while review was pending. (See People v. Houle, Apr. 20, 2022, S269337 [2022 Cal.App. Lexis 2292]; Stats. 2021, ch. 728.)

Senate Bill 483 added section 1171.1 to the Penal Code, effective January 1, 2022. (Stats. 2021, ch. 728, § 3.) Section 1171.1 does three things. First, it invalidates prior prison term enhancements for nonsexually violent offenses imposed before January 1, 2020. (People v. Flores (2022) 77 Cal.App.5th 420, 443; see...

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