People v. Ennis CA3

Filed 8/20/14 P. v. Ennis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Glenn) ----

THE PEOPLE,

Plaintiff and Respondent, C072147

v. (Super. Ct. No. 12NCR09174)

JIMMY DALE ENNIS,

Defendant and Appellant.

THE PEOPLE,

Plaintiff and Appellant, C074131

v. (Super. Ct. No. 12NCR09174)

JIMMY DALE ENNIS,

Defendant and Respondent.

In a June 2012 court trial, defendant Jimmy Dale Ennis was found guilty of transportation of hydrocodone, a felony (Health & Saf. Code, § 11352, subd. (a); count one), and possession of a hypodermic needle and syringe, a misdemeanor (Bus. & Prof. Code, former § 4140; count two).

1

In July 2012, defendant was granted probation for three years, ordered to perform 24 hours’ community service, participate in a Proposition 36 drug program, and directed to pay various fines and fees. During an August 2012 Proposition 36 progress report hearing, defendant showed proof he had completed community service. Defendant appeals from the judgment (Case No. C072147). In March 2013, the trial court found defendant had successfully completed the Proposition 36 program. In April 2013, the trial court issued an order granting “the request of the defendant to set aside the conviction, to dismiss the Complaint/Information in this case, and to reduce the [count one] felony to a misdemeanor”1 (Case No. C074131). The People appeal from this order.2 We ordered the two cases consolidated. In his original briefing, defendant contends, among other things, his count two conviction must be reversed because Business and Professions Code section 4140 was repealed effective January 1, 2012, prior to defendant’s offense. In supplemental briefing, defendant contends his count one conviction must be reversed because Health and Safety Code section 11352 was amended effective January 1, 2014, without a savings clause, to provide in subdivision (c) that “[f]or purposes of this section, ‘transport’ means to transport for sale,” and here the parties stipulated the hydrocodone pills were for defendant’s personal use. The People concede both points. We accept the People’s concessions. FACTS The parties stipulated to the following facts and agreed the trial court could enter its verdict and judgment accordingly.