People v. Easley CA3

Filed 2/23/21 P. v. Easley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C082558

Plaintiff and Respondent, (Super. Ct. No. 06F10517 )

v.

JARED EASLEY,

Defendant and Appellant.

Defendant Jared Easley appeals from the trial court’s order denying his Penal Code section 1170.181 petition for relief. He contends the trial court erred by failing to resentence him on two drug possession counts it had reduced to misdemeanors and by denying his petition for resentencing on his felony conviction for failure to appear while on bail, a violation of section 1320.5.

1 Undesignated statutory references are to the Penal Code in effect at the time of the charged offenses.

1

We conclude that defendant’s first claim is not properly before this court and the crime of failure to appear is not subject to section 1170.18. We affirm. PROCEDURAL BACKGROUND2 In January 2011, defendant pleaded no contest to two counts of felony possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and failure to appear while on bail (§ 1320.5) and admitted a strike allegation (§§ 667, subds. (b)-(i), 1170.12). One of the possession-of-cocaine charges formed the basis of the failure to appear while on bail charge. The trial court sentenced defendant to a stipulated term of six years eight months in state prison with 1334 days of presentence credit (890 actual & 444 local). Without the aid of counsel, on March 25, 2015, defendant used the form provided by the Sacramento County Superior Court and petitioned to redesignate the two possession-of-cocaine felony convictions as misdemeanors. In the box designated for an optional e-mail address, defendant wrote, “I am time-served!” He also checked the box requesting to be terminated from postrelease community supervision (PRCS) and the box requesting appointment of counsel. The prosecution filed a reply on April 22, 2015, stating that defendant was still serving his sentence and therefore needed to be resentenced on the drug possession convictions, and also needed to be resentenced on the failure to appear conviction since he received a subordinate term on that count. On April 24, 2015, the trial court redesignated the drug possession convictions as misdemeanors but did not resentence defendant or determine if resentencing him would pose an unreasonable threat to public safety. With the assistance of counsel, on July 14, 2016, defendant filed a supplemental request pursuant to section 1170.18 to deem the failure to appear conviction as a