People v. Cavanaugh CA3

Filed 1/8/26 P. v. Cavanaugh CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE,

Plaintiff and Respondent, C102139

v. (Super. Ct. No. 62048752)

ZANE THOMAS CAVANAUGH,

Defendant and Appellant.

In 2005, defendant Zane Thomas Cavanaugh pleaded no contest to felony evading an officer with willful disregard, felony resisting an officer, misdemeanor driving under the influence, misdemeanor driving with a suspended license, and misdemeanor hit-and-run. He admitted two prior serious or violent felony convictions and an on-bail allegation. The trial court sentenced defendant to an aggregate 27 years to life in prison. This court affirmed the judgment. (People v. Cavanaugh (Oct. 31, 2006, C052045) [nonpub. opn.] (Cavanaugh).)

1

Defendant now appeals from an order denying his petition for resentencing under Penal Code section 1172.1.1 He contends the trial court erred and abused its discretion in denying him full resentencing. The People counter that the appeal must be dismissed because the trial court’s order did not affect defendant’s substantial rights. We conclude the order is appealable, but the trial court did not err or abuse its discretion. We will affirm the order denying the petition for resentencing. BACKGROUND Defendant was charged with evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a) – count one); resisting an executive officer (§ 69 – counts two & three); possession of a deadly weapon (§ 12020, subd. (a) – counts four & five); driving under the influence (DUI) (Veh. Code, § 23152, subd. (a) – count six); driving while intoxicated (Veh. Code, § 23152, subd. (b) – count seven); driving with a suspended license for a prior DUI (Veh. Code, § 14601.2, subd. (a) – count eight); hit- and-run driving (Veh. Code, § 20002, subd. (a) – count nine); reckless driving (Veh. Code, § 23103, subd. (a) – count ten); and possession of an open container of alcohol (Veh. Code, § 23222, subd. (a) – count eleven). It was also alleged that defendant had previously been convicted of two serious or violent felonies under the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), one in 1986 and another in 1998. In addition, it was alleged that as to counts one through five, defendant was out on bail in two cases, one in Lassen County and another in San Joaquin County, at the time the charged offenses were committed, within the meaning of section 12022.1. On September 27, 2005, defendant pleaded no contest to the felony charges in counts one through three, and to the misdemeanor charges in counts six, eight and nine. He admitted the allegations in count one that he had two prior serious or violent felony