People v. Goldenberg CA1/1

Filed 5/10/21 P. v. Goldenberg CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, A158428

v. (San Mateo County Super. Ct. VADIM GOLDENBERG, No. 18-NF-011959-A) Defendant and Appellant.

Defendant Vadim Goldenberg appeals from the trial court’s sentencing order, placing him on probation for three years after convictions for two felonies and one misdemeanor. Goldenberg’s sole contention on appeal is that his probationary term must be reduced pursuant to recently enacted Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (Assembly Bill No. 1950) (Stats. 2020, ch. 328, §§ 1 & 2). We agree and therefore order a limited remand for this purpose.

1

FACTUAL AND PROCEDURAL BACKGROUND On October 29, 2018, Goldenberg was charged by information with felony bringing contraband into the jail (Pen. Code,1 § 4573, subd. (a), count one), felony resisting an executive officer (§ 69, count two), and misdemeanor destroying evidence (§ 135, count three). The information further alleged that Goldenberg had suffered a prior strike for battery with great bodily injury (§§ 243, subd. (d), 1170.12, subd. (c)(1)) and that the battery along with two additional prior felonies affected his eligibility for probation (§ 1203, subd. (e)(4)). The charges stemmed from an incident on October 2, 2018 during which Goldenberg “swallowed approximately 5 grams of concentrated cannabis wax while being searched during the booking process at the jail. He ignored and resisted officers’ commands to spit the substance out of his mouth.” On June 17, 2019, a jury found Goldenberg guilty on all counts. The court struck Goldenberg’s prior strike at the prosecutor’s request. On July 16, 2019, the trial court sentenced Goldenberg to time served and placed him on concurrent three-year terms of probation with respect to the two felony counts, with various terms and conditions including that Goldenberg be evaluated and participate in counseling and treatment as directed. The record is unclear as to the disposition of the misdemeanor count. The trial court stated at sentencing that it was imposing no custody time on count three, but the minute order indicates imposition of a concurrent sentence of time served. What is clear from the record is that the probationary terms applied equally to all counts. Goldenberg timely appealed.