People v. Washington CA3

Filed 2/24/21 P. v. Washington CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C089530

Plaintiff and Respondent, (Super. Ct. No. 18FE020095)

v.

RAFPHAEL WASHINGTON,

Defendant and Appellant.

Defendant Rafphael Washington pleaded no contest to a number of charges related to drunk driving and admitted he had served a prior prison term. In a separate case, he pleaded no contest to misdemeanor spousal abuse. The trial court sentenced defendant to serve an aggregate term of seven years, including a one-year enhancement for the prior prison term.

1

The parties agree the one-year sentence enhancement imposed on defendant pursuant to Penal Code section 667.5, subdivision (b),1 must be stricken because of recently adopted legislation. Following the California Supreme Court’s decision in People v. Stamps (2020) 9 Cal.5th 685, we requested supplemental briefing as to the proper remedy. We conclude that, by virtue of the retroactive change in the law, defendant’s one- year enhancement is unauthorized and must be stricken. We reverse the judgment and remand this matter to the trial court with directions to strike the one-year prior prison term enhancement and resentence defendant. Defendant also raised a number of claims related to sentencing and errors in the abstract of judgment. In light of our conclusion and remand, we do not need to address these claims. BACKGROUND2 Defendant pleaded no contest to multiple Vehicle Code offenses and accepted the trial court’s indicated sentence of seven years. The People objected to the indicated sentence and sought the maximum possible sentence of eight years six months given defendant’s history. Specifically, defendant pleaded no contest to three felonies and two misdemeanors: driving under the influence of alcohol with a prior similar conviction within 10 years (Veh. Code, §§ 23152, subd. (a), 23550.5 – count one); driving with a blood alcohol level of 0.15 percent or more with a prior similar conviction (Veh. Code, §§ 23152, subd. (b), 23578, 23550.5 – count two); driving on a suspended license (Veh. Code, § 14601.2, subd. (a) – count three); driving without ignition interlock device (Veh.