People v. Sebold CA6

Filed 2/25/25 P. v. Sebold CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052162, H052329 (Monterey County Plaintiff and Respondent, Super. Ct. No. 22CR000831)

v.

HEATHER LYNN SEBOLD,

Defendant and Appellant.

In case No. H052162, defendant Heather Lynn Sebold appeals from a judgment sentencing her to three years in prison for a domestic violence conviction after she admitted a probation violation. In case No. H052329, she appeals from a later order modifying her sentence and reinstating probation. Appointed counsel filed an opening brief summarizing the case but raising no issues. We notified defendant of her right to submit written argument on her own behalf, and she did not do so. Independently reviewing the record under People v. Wende (1979) 25 Cal.3d 436, we identified an issue regarding presentence credit and requested supplemental briefing. Both parties confirmed an error in the credit awarded to defendant; we agree and will correct the error. I. TRIAL COURT PROCEEDINGS A. THE UNDERLYING CASE In January 2022, after drinking alcohol all day, defendant had a verbal and physical altercation with a man she was living with. According to the probation report, she attacked him with a knife and attempted to stab him in the upper chest or neck.

When the man’s son intervened, defendant attacked him and cut his forehead with the knife. Defendant was charged with two counts of attempted murder (Pen. Code, § 187, subd. (a), 664; unspecified statutory references are to the Penal Code), two counts of assault with a deadly weapon (§ 245, subd. (a)(1)), domestic violence (§ 273.5, subd. (a)), and misdemeanor assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)). As to the attempted murder counts, it was alleged that defendant personally used a deadly weapon. (§ 12022, subd. (b)(1).) Defendant pleaded guilty to the domestic violence and misdemeanor assault charges in February 2022, with the understanding that she would be granted probation. In October 2022, the court placed her on three years’ probation, including the condition that she serve 90 days in jail. The remaining counts were dismissed. B. VIOLATIONS OF PROBATION In January 2023, defendant was alleged to have violated probation by failing to submit to a drug test and report a change of address. Probation was reinstated in August 2023 and extended to May 2026 with the additional condition of 275 days in jail. In December 2023, defendant was alleged to have committed another violation by failing to report to probation after her release from custody. She admitted the violation in March 2024. In April 2024, the court terminated probation and sentenced defendant to the middle term of three years on the domestic violence count. The court awarded 376 days of presentence credit, based on 188 days of actual custody and 188 days of corresponding conduct credit. (A concurrent term of 100 days jail on the misdemeanor assault count was deemed served as of sentencing.) Defendant appealed the sentence (case No. H052162). C. SENTENCE MODIFICATION Defendant requested a sentence modification, and a hearing on the request was held in June 2024. At the hearing, the court asked defense counsel whether defendant 2