People v. Papenhausen CA3

Filed 2/10/16 P. v. Papenhausen CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Plumas) ----

THE PEOPLE, C078640

Plaintiff and Respondent, (Super. Ct. No. CRF 11-01081) v.

SCOTT EVERETT PAPENHAUSEN,

Defendant and Appellant.

Defendant Scott Everett Papenhausen appeals from the trial court’s orders denying his petition to resentence him on a prior prison term enhancement (Pen. Code,1 § 667.5, subd. (b)) pursuant to section 1170.18. He contends that designating as a misdemeanor

1 Undesignated statutory references are to the Penal Code.

1

the prior felony conviction that forms the basis of a prior prison term enhancement invalidates that enhancement. We affirm. BACKGROUND2 A jury convicted defendant of selling or furnishing methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine (Health & Saf. Code, former § 11377, subd. (a)), and misdemeanor resisting on officer (§ 148, subd. (a)(1)) and sustained an enhancement for personal use of a deadly or dangerous weapon (§ 12022, subd. (b)(1)). (People v. Papenhausen (June 7, 2013, C071602) [nonpub. opn.] (Papenhausen).) Defendant admitted allegations of two prior prison terms and a prior drug conviction (Health & Saf. Code, § 11370.2), and the trial court sentenced him to nine years in state prison and six months in county jail. (Papenhausen, supra, C071602.) The prior prison term enhancements were based on a 2006 conviction for possession of a controlled substance and a 2004 Nevada conviction for a similar offense. (Nev. Rev. Stat. 453.337 (1997).) Defendant filed a petition for resentencing requesting resentencing on the possession of methamphetamine count and on the prior prison term enhancements. The trial court reduced the possession of methamphetamine count to a misdemeanor, struck the enhancement for use of a deadly or dangerous weapon attached to that count, modified the sentence on that count to a consecutive term of eight months in county jail, denied resentencing on the prior prison terms, and modified the sentence on the other counts to a county jail term (§ 1170, subd. (h)(6)), for a total term of nine years two months in county jail.