People v. Shamblin CA3

Filed 10/20/20 P. v. Shamblin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C090671

Plaintiff and Respondent, (Super. Ct. Nos. 18CF06242, 19CF03576) v.

DANIEL LEE SHAMBLIN,

Defendant and Appellant.

After defendant Daniel Lee Shamblin pleaded no contest to several crimes and admitted suffering a prior prison term, the trial court sentenced him to an aggregate term of four years eight months, including a one-year enhancement for the prior prison term. On appeal, defendant argues his prior prison term enhancement must be stricken because of recent changes to California law. The People agree, as do we. We will strike the enhancement, remand for a full resentencing, and otherwise affirm the judgment. BACKGROUND The facts underlying defendant’s crimes are largely irrelevant to the issues raised on appeal. In April 2019, defendant pleaded no contest to one count of felony grand theft

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in case No. 18CF06242. (Pen. Code, § 487, subd. (a).)1 Defendant also admitted he suffered a prior prison term within the meaning of former section 667.5, subdivision (b) arising out of a 2016 conviction for fleeing or attempting to elude a pursuing peace officer, a violation of Vehicle Code section 2800.2. The trial court confirmed with defendant that his maximum exposure in the case was four years of incarceration. In exchange for the plea, a second prior prison term allegation arising out of a burglary conviction was dismissed. Then, in June 2019, in case No. 19CF03576, defendant pleaded no contest to one count of possession for sale of a controlled substance. (Health & Saf. Code, § 11351.) The trial court confirmed with defendant that the maximum penalty in that case also was four years of incarceration. In exchange for the plea, other charges were dismissed. In July 2019, at a consolidated sentencing hearing, the trial court imposed an aggregate term of four years eight months, consisting of three years (the middle term) for possession for sale of heroin in case No. 19CF03576, and in case No. 18CF06242, consecutive terms of eight months (one-third the middle term) for grand theft and one year for the prior prison term enhancement. “On October 8, 2019, . . . the Governor signed Senate Bill No. 136 (2019-2020 Reg. Sess.), which amended section 667.5, subdivision (b). [Citation.] Under the amendment, the one-year enhancement in section 667.5, subdivision (b) applies only if the defendant’s prior prison term was ‘for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.’ (Stats. 2019, ch. 590, § 1.) [¶] The amendment to section 667.5, subdivision (b) became effective on January 1, 2020. [Citation.]” (People v. Petri (2020) 45 Cal.App.5th 82, 93-94.)