People v. Santos CA3

Filed 1/22/26 P. v. Santos CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C096979

Plaintiff and Respondent, (Super. Ct. No. 03F6857)

v.

TIMOTHY MARVIN SANTOS,

Defendant and Appellant.

Defendant Timothy Marvin Santos was originally sentenced in 2007. His sentence included a term of 25 years to life under the original Three Strikes law, prior prison term enhancements under Penal Code section 667.5, subdivision (b),1 and prior felony drug conviction enhancements under Health and Safety Code section 11370.2, subdivision (b). The Legislature subsequently limited the circumstances in which these enhancements

1 Undesignated statutory references are to the Penal Code.

1

apply,2 and defendant appeals from the trial court’s July 21, 2022 resentencing order pursuant to section 1172.75. In that resentencing, the trial court struck defendant’s prior prison term and drug conviction enhancements, but left intact his sentence of 25 years to life under the original Three Strikes law. On appeal, defendant argues he is entitled to resentencing because: (1) the court did not apply the Three Strikes Reform Act of 2012 (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012)) (Reform Act) to reduce his sentence; and (2) the resentencing was held in his absence in violation of his federal and state constitutional rights. On March 14, 2024, we issued a published opinion affirming the judgment. Defendant petitioned our Supreme Court for review. The Supreme Court granted review and deferred the matter pending consideration and disposition of a related issue in People v. Superior Court (Guevara), S283305, or pending further order of the court. On October 9, 2025, our Supreme Court issued People v. Superior Court (Guevara) 18 Cal.5th 838 (Guevara). On December 17, 2025, our Supreme Court transferred the matter to this court, with directions to vacate our decision and reconsider the cause in light of Guevara. We vacated our opinion on December 22, 2025. Defendant filed a supplemental brief. We agree with defendant that Guevara requires us to remand for a new resentencing hearing. As such, we need not address the other basis on which he argues a new resentencing hearing is required. I. BACKGROUND A. Factual Background In 2007, defendant was convicted of possession with intent to manufacture methamphetamine (count 1), conspiracy to manufacture methamphetamine (count 2), and