People v. Slaughter CA4/1

California Court of Appeal May 29, 2015 No. D067246Unpublished

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Holding. The court held that the defendant is entitled to be resentenced under the 2014 amendment to Health and Safety Code section 11351.5 because the amendment reduces punishment and applies to all convictions not yet final.

Issues

Whether the 2014 amendment to Health and Safety Code section 11351.5, which reduced sentencing terms, applies retroactively to a defendant whose conviction was not yet final.

Disposition. Affirmed in part, reversed in part and remanded.

Quotations verified verbatim against the opinion

“Slaughter is entitled to be resentenced under the more lenient sentencing scheme of the amended version of section 11351.5.”

“The sentence is reversed and the case is remanded for resentencing under the amended version of section 11351.5”

Filed 5/29/15 P. v. Slaughter CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067246

Plaintiff and Respondent,

v. (Super. Ct. No. SCD242917)

JOSEPH F. SLAUGHTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eugenia A.

Eyherabide, Judge. Affirmed in part, reversed in part and remanded.

Robert H. Rexrode, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Senior Assistant Attorney General, Lynne G. McGinnis and

Eric A. Swenson, Deputy Attorneys General for Plaintiff and Respondent.

In August 2012, Joseph F. Slaughter possessed cocaine base for sale. In

September, he entered a negotiated guilty plea to possessing cocaine base for sale (Health

& Saf. Code, § 11351.5).1 In October, the court stayed imposition of sentence and

placed Slaughter on three years' probation. In 2013, the court revoked and reinstated

probation. In October 2014, the court revoked probation and sentenced Slaughter to local

People v. Slaughter CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067246

JOSEPH F. SLAUGHTER,

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DISPOSITION

AARON, J.

IRION, J.

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