People v. Wasson CA3

Filed 7/31/25 P. v. Wasson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C101231

Plaintiff and Respondent, (Super. Ct. No. CM028831)

v.

JESSE MICHAEL WASSON,

Defendant and Appellant.

In 2012, defendant Jesse Michael Wasson was sentenced to 50 years to life pursuant to the Three Strikes law, plus four one-year terms for prior prison enhancements imposed under Penal Code section 667.5, subdivision (b).1 In 2023, defendant filed a resentencing petition asking the court to dismiss the enhancements, strike a prior strike under section 1385, subdivision (a) and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), and apply any other changes in law that could reduce his

1 All further undesignated statutory references are to the Penal Code.

1

sentence. In response to the People’s opposition to the petition, defendant expressly stated he was not raising the issue considered in People v. Superior Court (Guevara) (2023) 97 Cal.App.5th 978, review granted Mar. 12, 2024, S283305 (Guevara), and People v. Kimble (2024) 99 Cal.App.5th 746, review granted Apr. 24, 2024, S284259 (Kimble). The trial court struck the four prior prison enhancements and resentenced defendant to 50 years to life. On appeal, defendant raises the issue considered in Guevara and Kimble. Because we conclude defendant waived that issue in the trial court, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In 2010, a jury convicted defendant of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1) – count 1); possession of ammunition by a prohibited person (Pen. Code, § 12316, subd. (b)(1) – count 2); possession of a controlled substance – methamphetamine (Health & Saf. Code, § 11377, subdivision (a) – count 3); possession of a concealed firearm (Pen. Code, § 12025, subdivision (a)(2) – count 4); possession of cannabis (Health & Saf. Code, § 11357, subd. (a) – count 5); manufacturing a controlled substance - methamphetamine (Health & Saf. Code, § 11379.6, subd. (a) – count 6); and misdemeanor resisting arrest (§ 148, subd. (a)(1) – count 7). The court also found true that defendant suffered two prior strikes. In 2012, after denying defendant’s Romero motion, the trial court sentenced defendant to consecutive terms of 25 years to life under the Three Strikes law for counts 1 and 6 and imposed concurrent terms of 25 years to life for counts 2 through 5. The court also imposed four consecutive one-year terms for four prior prison term enhancements under section 667.5, subdivision (b). In 2022, the Department of Corrections and Rehabilitation notified the trial court that defendant was eligible for resentencing under section 1172.75. In 2023, defendant filed a petition for resentencing. Among other things, the petition asked the court to dismiss the legally invalid prior prison enhancements under section 1172.75, strike one of