People v. Broadway CA3

Filed 7/19/24 P. v. Broadway CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C098290

Plaintiff and Respondent, (Super. Ct. Nos. 22CF05054, 22CF04132) v.

DONNIE RAY BROADWAY,

Defendant and Appellant.

In a global plea agreement resolving two criminal cases, defendant Donnie Ray Broadway pleaded no contest to three drug offenses in exchange for dismissal of all other charges. On appeal, he argues that he was denied the benefit of his plea bargain after the trial court failed to dismiss allegations of a prior strike. We conclude that the trial court’s judgment failed to reflect the parties’ bargain. We therefore modify the judgment to conform to the parties’ agreement. BACKGROUND In June 2022, law enforcement officers executed a search warrant at Broadway’s home. The search of his bedroom uncovered various amounts of methamphetamine,

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heroin, cocaine, cocaine and fentanyl mixed, and hydrocodone-acetaminophen pills as well as drug paraphernalia, packaging, scales, and pay-owe sheets. Officers also found methamphetamine and a scale under the couch cushions in the living room. In August 2022, the People charged Broadway in Butte County case No. 22CF04132 with four drug-related charges: count 1 for maintaining a place for selling or using a controlled substance (Health & Saf. Code, § 11366); count 2 for possession of methamphetamine for sale (§ 11378); count 3 for possession and purchase of cocaine and fentanyl for sale (§ 11351); and count 4 for possession and purchase of heroin for sale (§ 11351).1 For each count, the complaint alleged that he had suffered a prior strike for a 1994 first degree burglary conviction and was therefore subject to sentencing under California’s Three Strikes law. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) Broadway was released on bail. In October 2022, law enforcement officers searched a hotel room that Broadway had rented. They discovered methamphetamine, “fake” heroin, acetaminophen and hydrocodone bitartrate pills, oxycodone hydrochloride pills, Xanax bars of suspected fentanyl/mannitol, and a used glass smoking device. Later that month, the People filed a second criminal action against Broadway, docketed as Butte County case No. 22CF05054. The complaint alleged two new drug- related charges: count 1 for possession of methamphetamine for sale (§ 11378) and count 2 for possession and purchase of oxycodone for sale (§ 11351). For each count, the People alleged that, at the time of the offenses, Broadway was on bail in case No. 22CF04132 (Pen. Code, § 12022.1) and that he had suffered a prior strike for a 1994 first degree burglary conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12).