People v. Snow CA3

Filed 2/26/26 P. v. Snow CA3 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098308

Plaintiff and Respondent, (Super. Ct. No. CM027251) v. OPINION ON TRANSFER RICKY ALAN SNOW,

Defendant and Appellant.

Defendant Ricky Alan Snow was originally sentenced in 2008. His sentence included two terms of 25 years to life under the original “Three Strikes” law and prior prison term enhancements under Penal Code section 667.5, subdivision (b).1 The Legislature recently limited the circumstances in which these enhancements apply, and defendant appeals from the trial court’s February 23, 2023 sentencing order pursuant to

1 Undesignated statutory references are to the Penal Code.

1

section 1172.75. In that resentencing, the trial court struck defendant’s prior prison term enhancements but left his sentence otherwise intact. On appeal, defendant argues he is entitled to resentencing because the court did not apply the Three Strikes Reform Act of 2012 (Reform Act or the Act) (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012)) to reduce his sentence further. On May 13, 2024, we issued an unpublished opinion affirming the judgment.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 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 People v. Superior Court (Guevara) (2025) 18 Cal.5th 838 (Guevara). We vacated our opinion on December 23, 2025. Under Guevara, we reverse the judgment and remand for further proceedings. BACKGROUND In 2008, the trial court found defendant guilty of first degree burglary with a person present (§ 459 - count 1), making criminal threats (§ 422 - count 2), and vandalism (§ 594, subd. (a) - count 3). In a bifurcated proceeding, the trial court also found true allegations that defendant was previously convicted of two or more serious or violent felonies under the former Three Strikes law and that he served two separate prison terms under section 667.5, subdivision (b). The trial court sentenced defendant to an aggregate term of 31 years to life. For his first degree burglary conviction, the court sentenced defendant to an indeterminate term of 25 years to life under the former Three Strikes law. The court added five years under section 667, subdivision (a), one year under section 667.5, subdivision (b), and imposed, but stayed pursuant to section 654, an additional one-year term under section 667.5, subdivision (b).