People v. Chavez CA3

California Court of Appeal Jun 15, 2015 No. C076071Unpublished

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Holding. The court held that the amendment to Health and Safety Code section 11379, which redefined "transports" to require "transport for sale," applies retroactively to cases not yet final on appeal. Consequently, the defendant's conviction for transportation of methamphetamine was reversed and the matter remanded for potential retrial and resentencing.

Issues

Whether the amendment to Health and Safety Code section 11379, defining "transports" as "transport for sale," applies retroactively to a conviction that was not final at the time of the amendment.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“Accordingly, we reverse defendant’s conviction for transportation of methamphetamine and remand for further proceedings.”

“Under Estrada, defendant is entitled to the benefit of the amendments to section 11379.”

“The judgment regarding defendant’s conviction for transportation of methamphetamine is reversed and remanded for possible retrial.”

Filed 6/15/15 P. v. Chavez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C076071

Plaintiff and Respondent, (Super. Ct. Nos. 12NCR09572, 12NCR09573) v.

JAVIER CHAVEZ,

Defendant and Appellant.

Defendant Javier Chavez entered negotiated pleas in two related cases, including a plea of guilty to transportation of methamphetamine. (Health & Saf. Code, former § 11379, subd. (a).)1 In September 2013, the trial court sentenced defendant to an aggregate term of 20 years in state prison.

1 Undesignated statutory references are to the Health and Safety Code.

At the time of defendant’s conviction, section 11379, subdivision (a) provided that any person who “transports” specified controlled substances including methamphetamine shall be punished by imprisonment. (§ 11379 [and its predecessor version, Stats. 2001, ch. 841, § 7, pp. 6870-6871].) At that time, case law construed the word “transports” to include transport of controlled substances for personal use. (People v. Rogers (1971) 5 Cal.3d 129, 134-135; People v. Eastman (1993) 13 Cal.App.4th 668, 673-677.) But effective January 1, 2014, after defendant’s conviction and sentencing, the Legislature amended section 11379 to define “transports” as “transport for sale.” (§ 11379, subd. (c); Stats. 2013, ch. 504, §§ 1-2.)

As his sole claim on appeal, defendant contends section 11379, as amended, should be applied retroactively to reverse his drug transportation conviction. The People agree and so do we. Accordingly, we reverse defendant’s conviction for transportation of methamphetamine and remand for further proceedings. In all other respects, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND Case No. 12NCR09572

Defendant stipulated as follows: On September 1, 2012, officers searched defendant and discovered methamphetamine in the pocket of his pants.

People v. Chavez CA3

AI Brief

THE PEOPLE, C076071

JAVIER CHAVEZ,

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DISCUSSION

DISPOSITION

BUTZ , J.

HOCH , J.

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