Does section 667.5, subdivision (b) of the California Criminal Code apply retroactively to a convicted rapist?

applies to convictions for a sexually violent offense.³ It is also agreed section 667.5, subdivision (b), as amended, applies retroactively to defendant because his judgment was not final on the amended statute's operative date. (People v. Brown (2012) 54 Cal.4th 314, 323, citing In re Estrada (1965) 63 Cal.2d 740, 742-748.)

Because defendant's four one-year prison prior enhancements must be stricken under section 667.5, subdivision (b) and, as discussed in section V of this opinion, this case must also be remanded for the trial court to consider whether to strike defendant's serious felony prior under SB 1393, this matter shall be remanded for resentencing. (People v. Buycks, supra, 5 Cal.5th at p. 893 ["We have held that when part of a sentence is stricken on review, on remand for resentencing 'a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances.'"].)

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