People v. Eastman CA3

Filed 9/29/16 P. v. Eastman CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C079559

v. (Super. Ct. Nos. CM032043, CM033545) JOHN BARRY EASTMAN,

Defendant and Appellant.

Defendant John Barry Eastman pleaded no contest in two different cases to theft, possession of a controlled substance and failure to appear. He also admitted an on-bail enhancement allegation. (Pen. Code, § 12022.1)1 The trial court suspended imposition of sentence and placed defendant on probation, but later revoked probation and sentenced him to six years four months in state prison.

1 Undesignated statutory references are to the Penal Code.

1

Defendant subsequently filed a section 1170.18 petition for resentencing under Proposition 47. The trial court reduced the possession conviction to a misdemeanor and resentenced defendant to an aggregate incarceration of six years four months in prison and jail. Defendant now contends (1) the trial court erred in failing to strike the on-bail enhancement when the underlying possession offense was reduced to a misdemeanor, and (2) if his first contention fails, the abstract of judgment should be corrected to reflect that defendant only admitted the on-bail enhancement with respect to the possession count, not the failure to appear count. Because the on-bail enhancement attaches to the offender rather than to a particular offense, we will affirm the trial court’s orders and we will not order correction of the abstract of judgment. BACKGROUND On January 23, 2010, defendant stole four tires from a Les Schwab Tires in Paradise. Case No. CM032043 charged him with grand theft (§ 487, subd. (a)) and included prior strike conviction and prior prison term allegations (§§ 667, subds. (b)-(i), 667.5, subd. (b), 1170.12, subds. (a)-(d)). While on bail in case No. CM032043, defendant failed to appear in court on June 8, 2010. He was arrested on June 18, 2010, and found to be in possession of one gram of methamphetamine. Case No. CM033545 charged him with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a) -- count 1) and failure to appear (§ 1320.5 -- count 2) and included on-bail enhancement allegations (§ 12022.1). Defendant subsequently pleaded no contest to the theft, possession and failure to appear counts, and admitted an on-bail enhancement allegation. The trial court suspended imposition of sentence and placed defendant on probation. However, the trial court subsequently revoked probation and sentenced defendant to six years four months in state prison.