People v. Wyatt CA3

Filed 11/12/24 P. v. Wyatt CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098357

Plaintiff and Respondent, (Super. Ct. No. 18CF00658)

v.

JOSHUA COLE WYATT,

Defendant and Appellant.

In 2018, defendant Joshua Cole Wyatt pled guilty to one count of felony possession for sale of a controlled substance. The trial court imposed a split sentence, which included mandatory supervision. In 2019, the court found Wyatt guilty of second degree robbery in a different case. The court terminated the previously ordered mandatory supervision and placed Wyatt on probation for five years. In 2023, after Wyatt pled guilty to additional offenses in two subsequent cases, the court sentenced Wyatt to an aggregate term that included a term for his 2018 conviction for possession for sale of a controlled substance.

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On appeal, Wyatt asserts the trial court lacked jurisdiction to sentence him as to 1 the 2018 conviction, in light of Penal Code section 1203.1 as amended by Assembly Bill No. 1950 (2019-2020 Reg. Sess.) (Assembly Bill 1950) (Stats. 2020, ch. 328), because his mandatory supervision had expired. The People argue his mandatory supervision was terminated and the two-year limitation set forth in section 1203.1, subdivision (a) does not apply to his subsequent probationary term because one of his convictions is subject to an exception set forth in subdivision (l)(1) of that statute. We agree with the People and will affirm the judgment. PROCEDURAL BACKGROUND The substantive facts underlying Wyatt’s conviction are not relevant to our disposition and are therefore not recounted here. Wyatt pled no contest to one count of felony possession for sale of a controlled substance (Health & Saf. Code, § 11351) in Butte County case No. 18CF00658 (2018 case). The trial court imposed a four-year split sentence pursuant to section 1170, subdivision (h)(5), consisting of one year of imprisonment and three years on mandatory supervision. Later that year, Wyatt’s mandatory supervision was revoked based on an alleged violation for failure to report. Wyatt admitted the violation, and the trial court ordered Wyatt to serve 60 days in county jail and reinstated mandatory supervision. In February 2019, a felony complaint charged Wyatt in Butte County case No. 19CF00857 (2019 case) with second degree robbery (§ 211) and alleged Wyatt served a prior prison term (former § 667.5, subd. (b)). The court found Wyatt guilty of second degree robbery and found true Wyatt served a prior prison term. Consequently, the court also found Wyatt violated terms of his mandatory supervision in the 2018 case by failing to obey all laws and revoked his mandatory supervision in that case. In