People v. Bayles CA3

Filed 12/10/20 P. v. Bayles 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Glenn) ----

THE PEOPLE, C089865

Plaintiff and Respondent, (Super. Ct. No. 18NCR13368)

v.

CASEY MARVIN BAYLES,

Defendant and Appellant.

Following a jury trial, defendant Casey Marvin Bayles was found guilty of being a felon in possession of a firearm and being a felon in possession of ammunition. The jury also found true an allegation that he served a prior prison term. On appeal, he contends the prior prison term enhancement must be vacated based on the retroactive application of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill 136). We will direct the trial court to strike defendant’s prior prison term enhancement. We will otherwise affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Due to the limited nature of the claim on appeal, we need not recite the offenses in any detail. It suffices to say that during the execution of a search warrant at defendant’s residence, police officers found a .22-caliber rifle as well as ammunition of various calibers in his bedroom dresser. He was charged with being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1); count I),1 being a felon in possession of ammunition (§ 30305, subd. (a)(1); count II), and cultivation of more than six living marijuana plants (Health & Saf. Code, § 11358, subd. (c); count III). The information also alleged defendant served a prior prison term within the meaning of section 667.5, subdivision (b). Following a trial, the jury found defendant guilty of the possession of a firearm and ammunition charges (counts I & II) but not guilty of the cultivation of more than six living marijuana plants charge (count III). The jury also found true the prior prison term enhancement allegation. The court imposed an aggregate sentence of three years eight months in state prison, as follows: the middle term of two years for possession of a firearm conviction (count I), a consecutive eight months (one-third the middle term) for the possession of ammunition conviction (count II), and a consecutive one year for the prior prison term enhancement. DISCUSSION