People v. Carl CA3

Filed 1/23/25 P. v. Carl CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C099642

Plaintiff and Respondent, (Super. Ct. Nos. CRF171200, CRF1800407) v.

RYAN LEE CARL,

Defendant and Appellant.

Defendant Ryan Lee Carl appeals from an order denying resentencing relief pursuant to Penal Code section 1172.75.1 The trial court recalled defendant’s sentence and struck a prior prison term enhancement but declined to conduct a full resentencing and further reduce defendant’s stipulated sentence, which included an upper term for assault with a deadly weapon. Defendant argues the trial court should have conducted a

1 Undesignated statutory references are to the Penal Code.

1

full resentencing pursuant to section 1172.75 and should have also reduced his sentence pursuant to Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567) (Stats. 2021, ch. 731, § 1.3). The People concede the matter should be remanded for full resentencing. We will accept the concession and remand for resentencing. We express no opinion as to how the trial court should exercise its sentencing discretion on remand. I. BACKGROUND Defendant resolved four separate criminal cases by plea in May 2018. Under the plea agreement, defendant pled no contest to assault with a deadly weapon (§ 245, subd (a)(1)) and possession of a deadly weapon by an inmate (§ 4502, subd. (a)) in one case (case No. CRF171200), and criminal threats (§ 422, subd. (a)) in another (case No. CRF1800407). He also admitted on-bail enhancement allegations (§ 12022.1), and enhancements for a prior serious and violent felony conviction (§ 1170.12) and a prior prison term (§ 667.5, subd. (b)). In exchange for his plea, defendant received a stipulated sentence of 14 years four months in state prison, and the prosecution dismissed defendant’s remaining counts and other cases (case Nos. CRF171359 and CRF171480). The trial court sentenced defendant to an aggregated stipulated term of 14 years four months in state prison in June 2018. The sentence included an upper term of four years for assault with a deadly weapon, doubled pursuant to the strike prior, and one year for the prior prison term. Defendant, acting in propria persona, filed a handwritten “motion to dismiss sentence enhancement and consecutive sentences” in April 2022. By then, three relevant changes in the sentencing laws had taken effect. First, the Legislature enacted Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill No. 136) (Stats. 2019, ch. 590), which amended section 667.5 “by limiting the prior prison term enhancement to only prior terms for sexually violent offenses.” (People v. Burgess (2022) 86 Cal.App.5th 375, 380.)