People v. Woods CA2/3

Filed 11/18/20 P. v. Woods CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B297545

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA462630 v.

KEVIN DONALD WOODS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael D. Abzug, Judge. Sentence modified; remanded with directions.

Patricia S. Lai, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Michael Katz, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

In 2018 a jury convicted defendant and appellant Kevin Donald Woods of assault by means of force likely to produce great bodily injury. The jury found true an allegation that Woods personally inflicted great bodily injury on the victim. The trial court sentenced Woods to 18 years in the state prison. On March 27, 2019, we affirmed Woods’s conviction but remanded the case for the trial court to consider whether to exercise its discretion to strike Woods’s serious felony priors under Senate Bill No. 1393 (2017-2018 Reg. Sess.) (SB 1393). This second appeal follows further proceedings in the trial court. Woods contends (1) his one-year prison prior must be stricken under Senate Bill No. 136 (2019-2020 Reg. Sess.) (SB 136); (2) the trial court should stay his restitution fine and court fees; and (3) the trial court should amend the abstract of judgment to reflect one additional day of presentence credit. The Attorney General agrees with all three contentions. Accordingly, we strike Woods’s prison prior and remand the case for the trial court to correct the abstract of judgment to reflect (1) one more day of custody credit, and (2) that any and all court fines and fees are stayed. BACKGROUND We summarized the facts giving rise to this prosecution in our March 2019 opinion affirming Woods’s conviction. (People v. Woods (Mar. 27, 2019, B289798) [nonpub. opn.] (Woods I).) Woods asked us to take judicial notice of that opinion in this appeal, and we granted that request. In short, Woods attacked a homeless woman with whom he’d had a brief relationship, leaving her with various injuries, including broken teeth. (Woods I.) The trial court struck Woods’s four strike priors for robbery and first degree burglary and sentenced him to 18 years in the state prison. The court chose the upper term of four years for the assault, plus three years for the infliction of great bodily