People v. Samaro CA3

Filed 11/13/20 P. v. Samaro CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C090149

Plaintiff and Respondent, (Super. Ct. No. CRF187391)

v.

ARTHUR SAMARO,

Defendant and Appellant.

Defendant Arthur Samaro appeals the sentence imposed following his conviction for evading a peace officer with a prior prison term enhancement. He contends, and the People properly concede, the one-year prior prison term enhancement imposed pursuant to Penal Code section 667.5, subdivision (b) (667.5(b); statutory section references that follow are to the Penal Code, unless otherwise set forth) must be stricken because of recently adopted legislation. We agree and remand for resentencing.

FACTS AND PROCEDURAL HISTORY The facts underlying defendant’s conviction are not relevant to this appeal. It suffices to say that a jury convicted defendant of evading a peace officer (Veh. Code, § 2800.2), driving under the influence (Veh. Code, § 23152, subd. (a)), driving with a

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blood-alcohol content of 0.08 percent or more (Veh. Code, § 23152, subd. (b)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possession of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a)), and resisting or obstructing a peace officer (§ 148, subd. (a)(1)), as well as two speeding enhancements (Veh. Code, § 23582, subd. (a)). In a bifurcated proceeding, the court found the allegations of a prior prison commitment and a prior serious felony conviction to be true. The court sentenced defendant to five years in state prison, comprised of the midterm of two years for evading a peace officer with reckless driving, doubled to four years pursuant to section 667, subdivision (e)(2), plus an additional consecutive year for the prior prison commitment pursuant to section 667.5(b). The court also sentenced defendant to 30 days in county jail for each of the misdemeanor convictions, and 180 days in county jail for a postrelease community supervision violation in a separate case, all to be served concurrently to the five-year term.