People v. Bates CA3

Filed 10/31/24 P. v. Bates CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C099376

Plaintiff and Respondent, (Super. Ct. Nos. CRF1600883 & CRF1602138) v.

JEFFREY ALLEN BATES,

Defendant and Appellant.

Defendant Jeffrey Allen Bates appeals from the trial court’s August 2023 resentencing pursuant to Penal Code section 1172.75 (undesignated statutory references are to the Penal Code). He asks us to remand the matter because the trial court declined to conduct a full resentencing. The People properly concede the issue. We remand the matter for resentencing.

1

FACTUAL AND PROCEDURAL BACKGROUND 1. Case Number CRF16-00883 (case No. 0883) In July 2016, defendant pled no contest to driving under the influence with two or more prior driving under the influence convictions. He also admitted a prior strike and a prior prison term. In exchange, the parties agreed defendant would enter a 12-month residential treatment program. If he successfully completed the program, the trial court would impose but suspend execution of a five-year prison sentence (the upper term of four years, plus one year for the prior prison term enhancement), with the strike stricken and defendant would be on probation. If he failed to successfully complete the program, the trial court would sentence defendant to nine years in prison, as follows: the upper term of four years doubled due to the strike and one year for the prior prison term enhancement. Defendant entered the residential treatment program in August 2016. In November 2016, he was released from the program on a three-day temporary pass and was subsequently arrested and unable to return. 2. Case No. CRF16-02138 (case No. 2138) While defendant was released from the program in case No. 0883, defendant and his wife got into an argument. Defendant’s brother-in-law attempted to intervene, and defendant ended up hitting both the wife and the brother-in-law. Defendant also choked the wife and dragged her across a bridge. In December 2016, defendant pled guilty in case No. 2138 to kidnapping (count 1) and assault by means of force likely to cause bodily injury (count 5). As to both counts, he also admitted a prior strike based on a 1999 conviction for burglary. Defendant also admitted he violated the plea agreement in case No. 0883. In exchange for the plea, the parties stipulated to a 15-year prison sentence, as follows. In case No. 2138, for count 1, the sentence included the middle term of five years doubled to 10 years due to the strike and, for count 5, two years consecutive (one-