People v. Mendez CA5

California Court of Appeal Jun 15, 2021 No. F079853Unpublished

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Holding. The court held that while the defendant is entitled to the retroactive benefit of Senate Bill No. 136 to strike a prior prison term enhancement, the trial court cannot unilaterally modify the plea agreement; instead, the matter must be remanded to allow the parties and the court to withdraw from the plea agreement.

Issues

Whether a defendant is entitled to the retroactive application of Senate Bill No. 136 to strike a prior prison term enhancement included in a negotiated plea agreement.
What is the appropriate remedy when a sentence enhancement integral to a plea agreement is invalidated by a change in law.

Disposition. remanded

Quotations verified verbatim against the opinion

“defendant is entitled to relief from his admission to the prior prison term enhancement and the resulting one-year sentence enhancement imposed as part of his plea agreement.”

“the one-year prior prison term enhancement was an integral part of defendant’s three-year stipulated sentence.”

“remand for further proceedings consistent with Stamps and Hernandez is the appropriate remedy.”

Filed 6/15/21 P. v. Mendez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079853 Plaintiff and Respondent, (Super. Ct. No. F17901716) v.

MARCO ANTONIO MENDEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Heather Mardel Jones, Judge. Erica Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Catherine Chatman, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Peña, J. and Meehan, J.

INTRODUCTION On March 11, 2017, officers with the Fresno Police Department searched defendant Marco Antonio Mendez’s vehicle and arrested him after locating a loaded firearm and a box of ammunition.1 Defendant was subsequently charged by information filed August 27, 2018, with possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count 1),2 carrying a loaded firearm in public (§ 25850, subd. (a); count 2), carrying a concealed firearm in a vehicle (§ 25400, subd. (a)(1); count 3), and possession of ammunition by a felon (§ 30305, subd. (a)(1); count 4). The information also alleged two prior prison term enhancements pursuant to section 667.5, former subdivision (b). On July 22, 2019, defendant pleaded no contest to count 1 and admitted one prior prison term allegation in exchange for dismissal of the remaining counts and the second prior prison term allegation, and a stipulated prison term of three years. On August 19, 2019, the trial court sentenced defendant to the middle term of two years on count 1 plus an additional one year for the prior prison term enhancement, in accordance with the terms of the plea bargain. The court also imposed a restitution fine of $300 under section 1202.4, subdivision (b)(1); a parole revocation restitution fine of $300 under section 1202.45, subdivision (a), suspended; a court operations assessment of $40 under section 1465.8; and a court facilities assessment of $30 under Government Code section 70373. Defendant advances one claim on appeal. He requests that we vacate the one-year prior prison term enhancement under Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill No. 136), which became effective January 1, 2020.

People v. Mendez CA5

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