People v. Outlaw CA2/6

Filed 2/24/21 P. v. Outlaw CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B305932 (Super. Ct. No. YA099243) Plaintiff and Respondent, (Los Angeles County)

v.

ROYELLE LEON OUTLAW,

Defendant and Appellant.

Royelle Outlaw appeals an order revoking his probation and executing a suspended sentence. He contends that he is entitled to (1) have the three prior prison term enhancements stricken from his sentence due to a change in law that occurred after sentencing, and (2) additional days of presentence custody credit. We agree with both contentions, and remand. FACTUAL AND PROCEDURAL HISTORY Outlaw quickly walked away from a car when he saw Los Angeles County sheriff deputies approach him. The car was unoccupied, and a loaded semiautomatic firearm was in the front

passenger seat. A deputy searched Outlaw and found cocaine in his pants. In February 2019, Outlaw pled guilty to possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1) and possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1); count 2). He admitted the allegation that he served five prior prison terms. (§ 667.5, subd. (b).) The trial court sentenced him to six years in county jail (three years for count 1 and one year for each of three prior prison terms).2 It suspended execution of sentence and granted three years’ probation. In March 2020, Outlaw violated the terms of his probation, and the trial court revoked probation. Before the court ordered the sentence executed, the prosecutor noted that Outlaw should have been sentenced to state prison, and not county jail. The court agreed and ordered Outlaw to serve the six-year sentence in state prison. Outlaw received 176 days of custody credit (88 days of actual custody and 88 days of conduct credit). DISCUSSION Prison Priors When the trial court originally sentenced Outlaw, section 667.5, subdivision (b) required it to add one-year enhancements to his sentence for each prior prison term. (People v. Jennings (2019) 42 Cal.App.5th 664, 681, [enhancement