People v. Staggs CA3

Filed 11/23/15 P. v. Staggs CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C077421

Plaintiff and Respondent, (Super. Ct. Nos. MC RD CRF 120000F793, MC RD CRF v. 130004810)

JAMES ARTHUR STAGGS,

Defendant and Appellant.

Defendant James Arthur Staggs appeals his 2014 conviction resulting from his 2012 plea and 2014 imposition of sentence following the trial court’s revocation of his probation in the 2012 case. As we will explain, although he purports to appeal only his 2014 sentence, his argument is that the conduct to which he pleaded guilty in 2012-- transportation of methamphetamine, in violation of Health and Safety Code section

1

11379, subdivision (a)--is no longer a crime.1 This is because he did not admit transporting methamphetamine for sale, which is now a required element of felony transporting, as we explain post.2 Because the basis of defendant’s argument that his felony sentence is unauthorized is that he pled to elements which no longer constitute a felony, his appeal required a certificate of probable cause. (Pen. Code, § 1237.5.) Because he did not obtain one, we will dismiss the appeal without prejudice to defendant to file a petition for habeas corpus in the trial court. BACKGROUND 2012 case In February 2012, officers arrested defendant on a parole warrant. Upon searching the trunk of the car he was driving, officers found marijuana, methamphetamine, syringes, and digital scales. A complaint charged defendant with transportation of a methamphetamine (§ 11379, subd. (a)), possession for sale of methamphetamine (§ 11378), and misdemeanor marijuana possession (§ 11357, subd. (c)). The complaint also alleged defendant had served three prior prison terms. (Pen. Code, § 667.5, subd. (b).) Defendant pleaded guilty to transportation of methamphetamine (§ 11379, subd. (a)) and admitted a prior prison term enhancement allegation. Pursuant to the plea agreement, the trial court suspended imposition of sentence and placed defendant on three years of probation. The court dismissed the remaining charges and allegations.