People v. Wasson CA3

Filed 3/23/26 P. v. Wasson CA3 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C101231

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

v.

JESSE MICHAEL WASSON, OPINION ON TRANSFER

Defendant and Appellant.

In our previous opinion, we concluded defendant Jesse Michael Wasson had expressly waived an issue that was pending before the California Supreme Court. Our high court has since resolved that issue and transferred this matter back to us to reconsider our opinion in light of People v. Superior Court (Guevara) (2025) 18 Cal.5th 838 (Guevara). To forestall an ineffective assistance of counsel claim, we now consider the issue on the merits. We vacate defendant’s sentence and remand for full resentencing. Undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND In 2008, Butte County sheriff’s deputies pulled defendant over because his car did not have a license plate light. When the deputies asked defendant to get out of his car and one deputy told him he was going to be patted down, he ran away. The deputies chased defendant, eventually subduing him with a taser. After being tased, defendant told the deputies he had a pistol in his pocket. The deputies searched defendant and found the pistol, methamphetamine, marijuana, and two syringes containing a clear liquid. Deputies later executed a search warrant at defendant’s home and found a drug lab. Defendant was convicted of six felony counts and one misdemeanor count: (1) possession of a firearm by a felon (Pen. Code § 12021, subd. (a)(1) – count one); (2) possession of ammunition by a prohibited person (Pen. Code, § 12316, subd. (b)(1) – count two); (3) possession of a controlled substance (Health & Saf. Code, § 11377, subdivision (a) – count three); (4) possession of a concealed firearm (Pen. Code, § 12025, subdivision (a)(2) – count four); (5) possession of cannabis (Health & Saf. Code, § 11357, subd. (a) – count five); (6) manufacturing a controlled substance (Health & Saf. Code, § 11379.6, subd. (a) – count six); and (7) misdemeanor resisting arrest (Pen. Code, § 148, subd. (a)(1) – count seven). The court also found true that defendant was armed with a firearm as to count three and had two prior strikes. At sentencing held in 2012, the trial court denied defendant’s Romero1 motion and sentenced defendant to: (1) 25 years to life for count one plus two years for prior prison term enhancements; (2) 25 years to life plus two years for prior prison term enhancements for each of counts two through five, all run concurrently to count one’s sentence; (3) a consecutive one-year term for the count three firearm allegation; (4) a