People v. Sanders CA5

Filed 12/6/21 P. v. Sanders 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081010 Plaintiff and Respondent, (Super. Ct. No. BF173420A) v.

GARRETT SANDERS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Jan B. Norman, 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, Eric L. Christoffersen and Michael A. Canzoneri, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Meehan, J.

Defendant Garrett Sanders contends on appeal that (1) his term of probation must be modified to one year pursuant to Penal Code section 1203a, 1 subdivision (a), as amended by Assembly Bill No. 1950 (2019−2020 Reg. Sess.) (Assembly Bill 1950) and (2) the costs imposed for legal assistance pursuant to former section 987.8 are now unenforceable and uncollectible as a result of Assembly Bill No. 1869 (2019–2020 Reg. Sess.) (Assembly Bill 1869). We remand to the trial court to modify the term of probation to conform with Assembly Bill 1950 and strike the legal assistance costs imposed pursuant to former section 987.8 to conform with Assembly Bill 1869. We affirm in all other respects. PROCEDURAL SUMMARY On July 1, 2019, the Kern County District Attorney charged defendant by information with vehicular manslaughter, by committing an act with gross negligence (§ 192, subd. (c)(1); count 1), and with reckless driving, resulting in death (Veh. Code, § 23105, subd. (a); count 2). The information further alleged as to both counts that defendant had suffered one qualifying prior felony strike conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (c)–(j), § 1170.12, subds. (a)–(e)) and had served four prison prior terms (§ 667.5, subd. (b)). On February 5, 2020, the jury found defendant not guilty on both felony counts, but instead found him guilty of two lesser charges: on count 1, vehicular manslaughter without gross negligence (§ 192, subd. (c)(2)); and on count 2, reckless driving (Veh. Code, § 23103). Defendant admitted the prior strike conviction and the prior prison term allegations.