People v. Eagle

Filed 3/9/16 Certified for Publication 4/5/16 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C079075

Plaintiff and Respondent, (Super. Ct. No. CRF130003201) v.

KEVIN JAMES EAGLE,

Defendant and Appellant.

Defendant Kevin James Eagle appeals following the trial court‟s denial of his motion to vacate his conviction for transporting methamphetamine. He contends if the transportation was not for sale, his felony conviction for transportation should be reduced to a misdemeanor conviction for the lesser included offense of possession of methamphetamine. The People concede that defendant is entitled to the benefits of the amendments to Health and Safety Code section 11379, but disagree as to the remedy. Instead, the People argue the matter should be remanded to allow defendant the

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opportunity to withdraw his plea and the People should be allowed to proceed on the original charges. We agree with the People and will remand the matter for further proceedings.

FACTS AND PROCEEDINGS

In August 2013, a police officer found defendant in possession of, and transporting, a usable amount of methamphetamine. Defendant initially fled from the officer before being detained. A complaint charged appellant with: transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a) - count 1; unless otherwise set forth, statutory references that follow are to the Health and Safety Code), possessing methamphetamine (§ 11377, subd. (a) - count 2), and resisting or obstructing a police officer (Pen. Code, § 148, subd. (a)(l) - count 3). The complaint also alleged enhancements for a prior drug conviction (§§ 11370.2, subd. (c)/11379, subd. (a)) and a prior prison term (Pen. Code, § 667.5, subd. (b)). In September 2013, defendant pleaded no contest to counts 1 and 3, and admitted the prior prison term enhancement. The trial court granted the People‟s motion and dismissed the remaining charges and allegations. The trial court suspended imposition of sentence and, pursuant to the plea agreement, placed defendant on three years‟ probation with various terms and conditions. In March 2015, after the amendment of Health and Safety Code section 11379 and the passage of Proposition 47, defendant moved to vacate his felony conviction for transporting methamphetamine (§ 11379, subd. (a)) and replace it with a misdemeanor conviction for possessing methamphetamine (§ 11377, subd. (a)). The People responded, asserting that section 11379 was not covered by Proposition 47. Following argument, the trial court denied the motion.