People v. Hatfield CA3

Filed 7/26/16 P. v. Hatfield CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C078387 & C079826

Plaintiff and Respondent, (Super. Ct. No. NCR90451)

v.

CALEB ROBERT HATFIELD,

Defendant and Appellant.

In case No. C079826, defendant Caleb Robert Hatfield appeals from the trial court’s order denying his motion to reduce his felony conviction for failure to appear to a misdemeanor, pursuant to Penal Code section 1170.181 and Proposition 47. We consolidated this appeal with case No. C078387, his prior appeal from the underlying conviction.

1 Undesignated statutory references are to the Penal Code.

1

Because defendant’s appeal in case No. C078387 was pending when the trial court ruled on defendant’s Proposition 47 motion, the court’s order denying the motion in case No. C079826 was void for lack of jurisdiction. (People v. Scarbrough (2015) 240 Cal.App.4th 916 (Scarbrough).) We therefore vacate that order. In case No. C078387, we reject defendant’s claim on the merits and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND Case No. C078387 On May 6, 2014, defendant entered into a plea agreement whereby he pleaded guilty to felony failure to appear (§ 1320, subd. (b)) in case No. NCR90451 while charged in case No. NCR89607 with felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). The plea agreement encompassed four pending cases and included a maximum sentence of four years four months.2

On June 2, 2014, the trial court imposed 36 months of formal felony probation in all four cases and placed defendant in adult felon drug court.

On October 14, 2014, defendant admitted violations of probation.

On December 16, 2014, the trial court granted defendant’s petitions for recall of his sentencing pursuant to section 1170.18 and Proposition 47 as to the three trailing cases, reducing defendant’s felony sentences in all of those cases—including his sentence on count 1 in case No. NCR89607 (felony possession of a controlled substance)—to misdemeanors. The court re-referred all four cases to probation for a new report and recommendation.