People v. Waltz CA5

Filed 10/7/24 P. v. Waltz CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087518 Plaintiff and Respondent, (Super. Ct. No. MCR067568) v.

WILLIAM LEROY WALTZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Sosi Chitakian Vogt, Judge. Sylvia W. Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Snauffer, J. and De Santos, J.

INTRODUCTION In 2021, a jury convicted William Leroy Waltz of seven counts of arson to forest land in violation of Penal Code section 451, subdivision (c).1 For all seven counts, the jury found true that appellant committed these crimes when a state of emergency existed (§ 454, subd. (a)(2)). The trial court sentenced appellant to prison for 23 years, which included an upper term in count 1, along with consecutive subordinate sentences (one-third the middle term) in the remaining six counts. In 2023, this court issued an unpublished opinion in which we affirmed appellant’s convictions. However, due to retroactive changes in the law, we vacated appellant’s sentence and remanded for resentencing consistent with Senate Bill No. 567 (Stats. 2021, ch. 731, § 1.3.)2 (People v. Waltz (Apr. 5, 2023, F083591).) In January 2024, the trial court resentenced appellant in conformity with the remittitur. Instead of an aggravated term, the court imposed in count 1 the middle term of seven years. For each of the remaining six counts, the court again imposed consecutive subordinate sentences of two years four months (one-third the middle term). Appellant received a total prison sentence of 21 years. Following his resentencing, appellant appealed. His counsel has filed a Wende3 brief in this court. After reviewing the entire record, we affirm.

1 All future statutory references are to the Penal Code unless otherwise noted. 2 Under this change in law, a trial court may impose an upper term sentence only when there are circumstances in aggravation that justify it, and the facts underlying those circumstances have been stipulated to by the defendant, or have been found true beyond a reasonable doubt by the finder of fact. (§ 1170, subd. (b)(2).) 3 People v. Wende (1979) 25 Cal.3d 436 (Wende).