People v. Vount CA3

Filed 2/29/16 P. v. Vount CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C079082

Plaintiff and Respondent, (Super. Ct. Nos. CRF072760, CRF086110, CRF090986, & v. CRF106123)

GEORGE VERN YOUNT,

Defendant and Appellant.

Defendant George Vern Yount appeals from the trial court’s order partially denying his petitions for resentencing. (Pen. Code, § 1170.18.) He contends he was entitled to resentencing on his convictions for transportation of a controlled substance. (Former Health & Saf. Code, §§ 11352, 11379.)1 We affirm.

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

1

BACKGROUND We omit the facts of defendant’s crimes as they are unnecessary to resolve this appeal. Defendant was convicted of transportation of a controlled substance (former § 11352), possession of a controlled substance (former § 11350), possession of drug paraphernalia (§ 11364), and unauthorized possession of a hypodermic syringe (former Bus. & Prof. Code, § 4140) in case No. CRF072760. In case No. CRF086110, he was convicted of possession of a controlled substance. (Former § 11377, subd. (a).) Defendant was convicted of two counts of transportation of a controlled substance (former §§ 11379, subd. (a), 11352, subd. (a)), and single counts of possession of a controlled substance (former § 11350, subd. (a)), and possession of drug paraphernalia (former § 11364, subd. (a)), along with a prior drug conviction (§ 11370.2, subd. (a)) and five prior prison terms (Pen. Code, § 667.5, subd. (b)) in case No. CRF090986. On April 15, 2011, defendant was convicted of transportation of a controlled substance (former § 11379) with a prior drug conviction in case No. CRF106123. On that same day, he was sentenced a total of 17 years to state prison for all his current convictions. This court affirmed defendant’s convictions in case Nos. CRF090986, CRF086110, and CRF072760 in an unpublished opinion on March 7, 2011. (People v. Yount (Mar. 7, 2011, C064074).) The California Supreme Court denied his petition for review on May 11, 2011. (People v. Yount (May 11, 2011, S192062).) Defendant did not appeal case No. CRF106123. Defendant subsequently filed several Penal Code section 1170.18 petitions seeking resentencing on the possession and transportation convictions, which the trial court granted as to the possession convictions and denied as to the transportation convictions. The trial court resentenced defendant to a total term of 13 years 4 months in state prison.