People v. Tuthill CA4/3

Filed 2/18/26 P. v. Tuthill CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065149

v. (Super. Ct. No. 96WF2856)

LESTER CLARENCE TUTHILL, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Lance P. Jensen, Judge. Reversed and remanded with instructions. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene A. Sevidal, Assistant Attorney General,

A. Natasha Cortina and Elizabeth M. Renner, Deputy Attorneys General, for Plaintiff and Appellant. * * * Lester Clarence Tuthill appeals the trial court’s denial of his petition to recall his sentence and resentence him pursuant to Penal Code section 1172.75.1 The Attorney General agrees that Tuthill is entitled to full resentencing, applying revised penalty provisions of the Three Strikes Reform Act of 2012 (the Reform Act). We reverse the postjudgment order and remand for resentencing. PROCEDURAL HISTORY In 1997, Tuthill was convicted after a bench trial on four counts: (1) being a felon in possession of a firearm (former § 12021, subd. (a); count 1); (2) possession of a short-barreled shotgun (former § 12020, subd. (a); count 2); (3) possession of a controlled substance (Health & Saf. Code, §11377, subd. (a); count 3); and (4) escape from custody without the use of force (§ 4532, subd. (b); count 4). The court also found true sentencing enhancement allegations that Tuthill had a previous conviction for assault with a firearm (§ 245, subd. (a)(2)), and four previous robbery convictions (§ 211). Tuthill was originally sentenced to a total of 54 years and eight months to life in prison as follows: consecutive terms of 25 years to life on counts 1 and 4, eight months on count 3, plus four consecutive one-year terms for the prior prison term enhancements under former section 667.5, subdivision (b). The sentence for count 2 was stayed under section 654. In March 2013, Tuthill filed a petition seeking resentencing of his two indeterminate life sentences (counts 1 and 4) pursuant to section