California, United States of America
The following excerpt is from People v. Aguilar, F077866 (Cal. App. 2020):
The parties agree, as do we, that the amendment applies retroactively to appellant. The statute applies retroactively because the amended statute leads to a reduced sentence. (See People v. Brown, supra, 54 Cal.4th at pp. 323-324; In re Estrada, supra, 63 Cal.2d at pp. 745, 748 [for a non-final conviction, "where the amendatory statute mitigates punishment and there is no saving clause, the rule is that the amendment will operate retroactively so that the lighter punishment is imposed"].) Further, none of appellant's prior convictions were for a sexually violent offense. Accordingly, under section 667.5, subdivision (b), as amended, appellant would not qualify for the imposition of the one-year enhancements imposed for each of his prior prison terms.
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