People v. Sims CA4/3

Filed 1/27/25 P. v. Sims CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063752

v. (Super. Ct. No. 18NF0733)

SARAH MARIE SIMS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Reversed and remanded with directions. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette

C. Cavalier and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent. * * * * THE COURT: Defendant Sarah Marie Sims appeals the trial court’s denial of her request to recall her sentence and resentence her, pursuant to Penal Code section 1172.75.1 We conclude defendant is entitled to a resentencing hearing and therefore reverse the postjudgment order and remand to the trial court with directions. PROCEDURAL HISTORY In 2018, a jury convicted defendant of arson of an inhabited structure (§ 451, subd. (b); count 1); unlawful driving or taking of a vehicle (Veh. Code § 10851, subd. (a); count 2); and misdemeanor possession of narcotics paraphernalia (Health & Saf. Code § 11364, subd. (a)(5); count 4). The jury found true the allegation that defendant used an accelerant as to count 1. Defendant admitted she had one prior serious felony conviction (§ 667, subd. (a)(1)); one prior strike conviction (Id, subds. (d), (e)(1)(A)); and had served two prior prison terms (Id., subd. (b)). After reducing count 2 to a misdemeanor, the court sentenced defendant to 19 years in state prison, consisting of 10 years on count 1, a consecutive four-year term for the accelerant enhancement, concurrent jail terms for the two misdemeanors, a consecutive five-year term for the prior serious felony conviction, and concurrent terms for the two prison priors.