People v. Scholer CA2/6

Filed 3/17/22 P. v. Scholer CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B312177 (Super. Ct. No. MA018175) Plaintiff and Respondent, (Los Angeles County)

v.

CHAD KY SCHOLER,

Defendant and Appellant.

Chad Ky Scholer appeals the trial court’s denial of a request to recall his sentence made by the Secretary of the California Department of Corrections and Rehabilitation (CDCR) under Penal Code section 1170, subdivision (d)(1).1 The trial court summarily denied the request citing facts in the record to support its decision. While this matter was on appeal, the Legislature passed Assembly Bill No. 1540 (2021 Reg. Sess.) (Stats. 2021, ch. 719, § 2) (hereafter AB 1540). The parties agree that in light of this bill a remand is required for a new

1 All statutory references are to the Penal Code.

hearing that meets the standards this legislation requires. We reverse and remand for further proceedings. FACTS In 1999, Scholer and Richard P. Ritchie committed three home invasion robberies in the Lancaster-Palmdale area. The two men wore stocking caps or masks, they gagged the residents with duct tape, ransacked the homes, and took household and electric goods and an automobile. Scholer was convicted of six counts of robbery (§ 211), five counts of false imprisonment (§ 236), three counts of grand theft (§§ 487, subd. (d), 498, subd. (d)), burglary (§ 459), assault with a firearm (§ 245, subd. (a)(1)), two counts of possession of a firearm by a felon (§ 12021, subd. (a)(1)), receiving stolen property (§ 496, subd. (a)), and domestic violence involving a child (§ 273a, subd. (a)). He was sentenced to an aggregate term of 39 years 4 months in prison. While in prison Scholer made numerous efforts at rehabilitation. He worked hard in his work assignments and took “great pride in his work.” A supervisor noted that Scholer possessed “many meritorious character traits that would not only result in him being able to successfully cope in society, but also thrive and contribute as a productive and law abiding citizen.” One 2019 supervisor’s report “commended” Scholer for “his ability to articulate himself very well, being respectful and kind to all around him, and demonstrating a strong work ethic that will follow him into the future with any work environment he finds himself in.” In February 2021, the CDCR Secretary recommended to the trial court that Scholer’s sentence be recalled under section 1170, subdivision (d)(1) based on Scholer‘s “exceptional conduct