People v. Green CA3

Filed 11/18/24 P. v. Green CA3 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C094752

Plaintiff and Respondent, (Super. Ct. Nos. CRF202660, CRF202486) v. [OPINION ON TRANSFER] JORDAN IAN GREEN,

Defendant and Appellant.

Defendant Jordan Ian Green entered a plea agreement to resolve two felony cases, pleading guilty to unlawful taking of a vehicle and second degree robbery. At sentencing, the trial court imposed the upper term on the robbery conviction, relying on the factual basis of defendant’s plea, as well as his prior felony convictions. Defendant appeals, arguing the trial court’s imposition of the upper term sentence is no longer valid in light of the changes made to Penal Code1 section 1170 by Senate Bill No. 567 (2021-

1 Further undesignated statutory references are to the Penal Code.

1

2022 Reg. Sess.) (Senate Bill 567). Based on our Supreme Court’s opinion in People v. Lynch (2024) 16 Cal.5th 730 (Lynch), we agree and remand for resentencing. FACTUAL AND PROCEDURAL BACKGROUND This appeal involves two cases, and the probation department filed a pretrial release report for each case. The report for the first case (CRF202486) stated that on November 16, 2020, defendant was arrested while driving a stolen car and was found with, inter alia, shaved keys, a glass pipe, and a bat with metal spikes. Defendant was charged with unlawful taking of a vehicle, receiving a stolen vehicle, unlawful possession of a billy, and misdemeanor possession of drug paraphernalia. The report for the second case (CRF202660) stated that on December 3, 2020, defendant met his ex-girlfriend in a parking lot; pulled her out of her car by her hair; dragged her 30 feet; punched her in the head; kicked her in the back and side so hard it caused her to urinate; and then defendant took her purse and vandalized her car. Defendant was charged with second degree robbery, inflicting corporal injury on a partner resulting in a traumatic condition, and misdemeanor vandalism. Both reports stated defendant had three prior felonies⸺two in 2019⸺along with four prior misdemeanors. These convictions were also reflected in the probation department’s presentence reports. On January 13, 2021, defendant pled no contest to unlawful taking of a vehicle in the first case and second degree robbery in the second case. Defendant stipulated to the “pretrial release reports that were prepared by the [p]robation [d]epartment” as the factual basis for the pleas. The trial court continued sentencing so defendant could attend a treatment program; the prosecutor would seek probation if defendant completed the program. Defendant was released from custody on February 3, but failed to appear for the review hearing on February 8, and failed to complete the treatment program. Sentencing was held on August 9, 2021. The trial court stated it “look[ed] at [defendant’s] previous criminal history” and determined “he basically has three prior