People v. Collins CA5

Filed 9/21/21 P. v. Collins 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080138 Plaintiff and Respondent, (Super. Ct. No. BF176498A) v.

NATHANIEL THEODORE COLLINS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. N. Noelle Francis, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Clara M. Levers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

Defendant Nathaniel Theodore Collins 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 May 16, 2019,2 the Kern County District Attorney filed an information charging defendant with unlawfully driving or taking a vehicle without the consent of the owner (Veh. Code, § 10851, subd. (a); count 1), receiving a stolen vehicle (§ 496d, subd. (a); count 2), and misdemeanor driving on a suspended license (Veh. Code, § 14601.2, subd. (a); count 3). As to counts 1 and 2, the information alleged defendant had suffered a prior felony “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and had served four prior prison terms (§ 667.5, subd. (b)). On July 10, the jury found defendant guilty on counts 1 and 3, but did not reach a verdict on count 2. The following day, in a bifurcated proceeding outside the presence of the jury, the trial court found that defendant had suffered a prior strike conviction and had served a prior prison term based on three prior felony convictions.3 The prior prison term was served for two convictions of possession of a firearm by a felon (§ 29800) and one conviction of false imprisonment (§ 236). On August 29, the trial court sentenced defendant to a term of seven years as follows: on count 1, six years (the upper term of three years doubled due to the prior