People v. Haynes CA3

Filed 4/18/22 P. v. Haynes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C093343

Plaintiff and Respondent, (Super. Ct. No. 01F00697)

v.

LELAND ERVIN HAYNES,

Defendant and Appellant.

In 2002, defendant Leland Ervin Haynes was sentenced to two consecutive indeterminate terms of 15 years to life, and two concurrent terms of six years for crimes involving lewd acts and sexual assaults on a child. Effective January 1, 2019, the Legislature amended Penal Code section 1170.91 (statutory section citations that follow are to the Penal Code) to provide that individuals sentenced prior to January 1, 2015, are eligible for resentencing if they are or were members of the military and they suffered trauma as a result of that service that was not considered as a factor in mitigation when

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imposing a term under subdivision (b) of section 1170. Defendant appeals the trial court’s denial of his petition for resentencing on the basis that the trial court erred in finding defendant was not eligible for resentencing and that his petition was moot. Finding defendant’s petition is indeed moot, we dismiss the appeal.

FACTS AND HISTORY OF THE PROCEEDINGS In August 2001, defendant was charged with two counts of lewd acts with a child under the age of 14 by the use of force or duress (§ 288, subd. (b)(1)—counts one & two), two counts of sexual assault on a child under the age of 14 by penetration by a foreign object by use of force or duress (§ 269, subd. (a)(5)—counts three & four), and two counts of aggravated sexual assault on a child under the age of 14 (§ 269, subd. (a)(1)—counts five & six). Following a 12-day jury trial, defendant was found guilty in June 2002 of two counts of lewd acts with a child under the age of 14 by use of force or duress and two counts of sexual assault on a child under the age of 14 by penetration by a foreign object by use of force or duress, as charged in counts one through four. A mistrial was declared as to counts five and six, the two counts of aggravated sexual assault on a child under the age of 14. The trial court sentenced defendant to two consecutive terms of 15 years to life with the possibility of parole for his two convictions of sexual assault on a child. The trial court sentenced defendant to two concurrent terms of six years for his two convictions of lewd and lascivious acts with a child. Effective in 2015, the Legislature added section 1170.91, which in subdivision (a) provides in part: “If the court concludes that a defendant convicted of a felony offense is, or was, a member of the United States military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service, the court shall consider the