People v. Anderson CA5

Filed 4/1/25 P. v. Anderson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F088075 Plaintiff and Respondent, (Super. Ct. Nos. CRF51007, v. CRF51626, CRF51703, CRF52005)

SCOTT WARREN ANDERSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Justin Mixon, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Ivan P. Marrs and Angelo S. Edralin, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Snauffer, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

INTRODUCTION In April 2017, defendant Scott Warren Anderson pled guilty to a number of allegations brought against him in separate actions as follows: three separate counts of corporal injury to a spouse or cohabitant (Pen. Code,1 § 273.5), admitting he caused great bodily injury under circumstances involving domestic violence while committing one of these counts (§ 12022.7) and committing another corporal injury count while he was released on bail (§ 12022.1); four felony counts of identity theft (§ 530.5); a count of felony vandalism in an amount exceeding $400 (§ 594, subd. (b)); a misdemeanor violation of a court order (§ 166, subd. (a)(4)); and a misdemeanor count of being in possession of methamphetamines (Health & Saf. Code, § 11377). Defendant further admitted that he had previously been convicted of a serious violent felony (§ 667, subds. (b)–(j)), and that he served a prior prison term for yet another prior conviction (§ 667.5). Pursuant to the plea agreement, defendant was sentenced to a total term of 20 years eight months, which included the doubling of some terms due to a prior strike conviction. In April 2023, an order was entered initiating a process to resentence defendant in the trial court. Before he was resentenced, defendant filed a brief citing section 1172.75, and a motion citing People v. Superior Court (Romero) (1996) 13 Cal.4th 497, identifying grounds for reducing the sentence imposed in 2017. The Romero motion specifically sought a full resentencing. Toward the end of the resentencing hearing held on March 21, 2024, the trial court stated its view that the circumstances did not justify a full resentencing for defendant, and that the Romero motion would not be considered. As a result, defendant’s sentence was only reduced by one year for the prior prison term enhancement (§ 667.5). This appeal of the new sentence followed.