People v. Gaylord CA3

Filed 2/14/25 P. v. Gaylord CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C100606

Plaintiff and Respondent, (Super. Ct. Nos. 22CF02317, 23CM04965) v.

MORGAN ANN GAYLORD,

Defendant and Appellant.

Defendant Morgan Ann Gaylord appeals from a judgment after she pled no contest to child abuse, possession of fentanyl for sale, transportation of fentanyl for sale, and bringing contraband into jail. Defendant claims the trial court erred by not staying her sentence pursuant to Penal Code1 section 654 as to either the possession of fentanyl for sale count or the transportation of fentanyl for sale convictions because the commission of both offenses constituted a single act. The People concede the error and we accept the People’s concession. We will reverse defendant’s sentence and remand for a full resentencing.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND Police officers encountered defendant Morgan Ann Gaylord in the parking lot of a pizza restaurant after responding to a report of two adults “passed out” in a car with two young children. Upon arrival, the officers found defendant in the passenger seat of the car with the children in the back seat. Defendant got out of the car and the officers searched her, finding two plastic bags containing a total of 30.3 grams of fentanyl hidden in the waistband of her pants. Officers also searched the car and found 8.8 grams of fentanyl in the center console next to several small plastic baggies. The fentanyl in the center console was not in a container and was accessible to the children. While being booked into jail, a small amount of methamphetamine was found in defendant’s bra. A complaint charged defendant with child abuse (§ 273a, subd. (a)), possession of fentanyl for sale (Health & Saf. Code, § 11351), transportation of fentanyl for sale (Health & Saf. Code, § 11352, subd. (a)), and bringing contraband into jail (§ 4573, subd. (a)) (fentanyl case). Defendant pled no contest to all charges. The court suspended defendant’s sentence and granted four years of probation. Over the next 13 months, the probation department filed four separate petitions to revoke probation. The court sustained the first three petitions and reinstated defendant on probation each time. The probation department’s fourth petition, which it amended, alleged six separate probation violations. The People subsequently filed a complaint charging defendant with resisting arrest, which the petition also alleged (§ 148, subd. (a)(1)) (resisting arrest case). Defendant pled no contest to resisting arrest and admitted two probation violations. At sentencing, the court denied probation and imposed sentences in both cases. In the fentanyl case, the court sentenced defendant to an aggregate term of seven years four months, consisting of four years for child abuse, one year for possession of fentanyl for sale, one year four months for transportation of fentanyl for sale, and one year for