People v. Shoulders CA3

Filed 12/9/13 P. v. Shoulders CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C072550

Plaintiff and Respondent, (Super. Ct. Nos. 11F3193, 12F1346, 12F3699) v.

GREGORY DWONE SHOULDERS,

Defendant and Appellant.

Defendant Gregory Dwone Shoulders was convicted, in three separate cases, of transportation of a controlled substance, possession of a controlled substance, possession of drug without a prescription, and inflicting corporal injury on a cohabitant after a previous conviction in violation of Penal Code section 273.5, subdivision (e). Defendant admitted a great bodily injury enhancement, admitted he has served two prior prison terms, and was found to have a prior strike conviction. The trial court denied defendant’s motion to dismiss his prior strike and sentenced him to an aggregate term of 14 years four months in state prison.

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On appeal defendant contends, and the People concede, that his sentence must be modified to reduce the consecutive four-year great bodily injury enhancement to one year four months (one-third of the four-year sentence). He also contends the trial court abused its discretion in denying his motion to dismiss the prior strike. We shall modify defendant’s sentence to reflect the one-third term for the great bodily injury enhancement and affirm as modified. BACKGROUND On June 8, 2011, defendant was stopped because he had no license plates or registration tags on his car. Defendant informed the officer that he was on active parole and consented to a search of his car. The search resulted in the discovery of methamphetamine in the vehicle’s center console. Defendant pleaded guilty in Shasta County case No. 11F3193 to transporting a controlled substance (Health & Saf. Code, § 11379, subd. (a)) and admitted he had two prior prison terms within the meaning of Penal Code section 667.5.1 Defendant was placed on three years’ formal probation. On February 29, 2012, defendant beat his girlfriend with a barstool. She escaped the assault by climbing out a bedroom window. Her arm was broken in the assault. Defendant pleaded guilty in Shasta County case No. 12F1346 to inflicting corporal injury on a cohabitant following a prior conviction (§ 273.5, subds. (a), (e)), admitted he inflicted great bodily injury (§ 12022.7, subd. (e)), and admitted he violated his probation in two cases. In exchange for his plea, he was to receive formal probation. Defendant was reinstated on probation in the previous cases and referred to probation for preparation of a probation report. Less than a week later, on March 19, 2012, police responded to a disturbance report and contacted defendant at his house. Defendant and another man were having a