People v. Donaldson CA4/1

Filed 10/21/20 P. v. Donaldson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076957

Plaintiff and Respondent,

v. (Super. Ct. No. JCF000898)

CHRISTOPHER DONALDSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Christopher J. Plourd, Judge. Affirmed.

Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Julie L. Garland, Assistant Attorney General, Arlene L. Sevidal, Randall D. Einhorn and Susan Elizabeth Miller, Deputy Attorneys General, for Plaintiff and Respondent. FACTUAL AND PROCEDURAL BACKGROUND On December 9, 2017, while he was in prison, defendant was found in possession of 23.10 grams of marijuana. He pleaded no contest to possession of marijuana in prison, a felony, in violation of Penal Code section 4573.6. He

was sentenced to four years in prison, to be served consecutive to the sentence he was then serving on an earlier charge. In August of 2019, defendant petitioned to recall his sentence and dismiss the case pursuant to Proposition 64 and Health and Safety Code

section 11361.8.1 The People opposed the petition. On November 6, 2019, and December 4, 2019, the court held hearings on the matter and denied the relief requested. It issued a written denial. Defendant filed a timely notice of appeal from the denial of his petition. Defendant’s sole issue on appeal is whether the trial court was required to grant his petition for resentencing. We conclude the petition was properly denied. ANALYSIS In 2016, California voters decriminalized the possession of less than