People v. Weed CA3

Filed 9/28/15 P. v. Weed CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C078052

Plaintiff and Respondent, (Super. Ct. No. CM041002)

v.

JEREMIAH ROBERT WEED,

Defendant and Appellant.

Defendant Jeremiah Robert Weed pleaded no contest to possession for sale of a controlled substance (Health & Saf. Code, § 11351—count 1) and unlawful possession of ammunition (Pen. Code, § 30305, subd. (a)(1)—count 5),1 and admitted three prior prison term sentencing enhancement allegations (§ 667.5, subd. (b)). The trial court sentenced defendant to an aggregate state prison term of seven years eight months (the upper term of four years for possession for sale of a controlled substance, plus a

1 Undesignated statutory references are to the Penal Code.

1

consecutive eight months for possession of ammunition, plus a consecutive three years for the prior prison term enhancements). The trial court also imposed statutory fines and fees, and awarded defendant presentence custody credits.

In sentencing defendant, the trial court stated it was imposing the upper term as the base term not only as to the principal term for possession for sale of a controlled substance but also as to the subordinate term for possession of ammunition. In announcing the sentence as to the subordinate term, the trial court sentenced defendant to the upper term of three years and then stayed “[a]ll of the sentence . . . except for one- third the middle term, to wit, eight months” and then ordered the unstayed portion of the sentence to run consecutive to the principal term. On appeal, defendant argues the trial court erred in sentencing him by imposing the upper term of three years for the subordinate term and then staying all but one-third of the middle term for that count.2 The People agree, and so do we. Therefore, we will modify the judgment accordingly.