People v. Salter CA5

Filed 6/8/21 P. v. Salter CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080688 Plaintiff and Respondent, (Super. Ct. No. CRF59603) v.

BRIAN MICHAEL SALTER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. James A. Boscoe, Judge. Conness A. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Henry J. Valle, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Detjen, J. and Peña, J.

Defendant Brandon Michael Salter contends on appeal that his one-year prior prison term enhancement should be stricken pursuant to Penal Code section 667.5, subdivision (b),1 as amended by Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136). The People agree that defendant’s prior prison term enhancement should be stricken. We strike the prior prison term enhancement and affirm in all other respects. PROCEDURAL SUMMARY On April 19, 2019,2 the Tuolumne County District Attorney filed an information3 charging defendant with possession of a controlled substance while armed with a loaded firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1), possession of a firearm by a person addicted to narcotics (§ 29800, subd. (a)(1); count 2), possession of a controlled substance for sale (Health & Saf. Code, § 11378; count 3), and sale, offer to sell, or transport of a controlled substance (Health & Saf. Code, § 11379, subd. (a); count 4). As to each count, the information alleged defendant had served a prior prison term (§ 667.5, subd. (b)) for receipt of a stolen vehicle (§ 496d, subd. (a)). On the same date, defendant pled guilty to all counts and admitted the prior prison term enhancement. On July 5, the trial court sentenced defendant to five years in prison as follows: on count 1, three years (the middle term) plus one year for the prior prison term enhancement; on count 2, two years (the middle term) stayed pursuant to section 654; on count 3, two years (the middle term) stayed pursuant to section 654; and on count 4, one year (one-third of the middle term).4