People v. Thomas CA6

Filed 4/28/22 P. v. Thomas CA6 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047467 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS160707A)

v.

SHANE LAMONT THOMAS, JR.,

Defendant and Appellant.

Opinion following remand from Supreme Court.

Pursuant to a negotiated plea agreement, appellant Shane Lamont Thomas, Jr. pleaded no contest to felony assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)1) and felony evading an officer (Veh. Code, § 2800.2, subd. (a)). He also admitted allegations that he had served two prior prison terms (§ 667.5, subd. (b)) (hereafter “prior prison term enhancements”) and had suffered a prior strike conviction (§ 1170.12, subd. (c)(1)). In accord with the plea agreement, the trial court sentenced Thomas to seven years four months in prison, which included two consecutive one-year prior prison term enhancements.

1 Unspecified statutory references are to the Penal Code.

In his initial appeal to this court, Thomas contended this court should strike the two prior prison term enhancements in light of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill 136). The Attorney General conceded that the prior prison term enhancements were invalid under current law but argued this court should remand the case to allow the district attorney and the trial court to withdraw their approval of the plea agreement. Relying on the California Supreme Court’s ruling in People v. Stamps (2020) 9 Cal.5th 685 (Stamps), this court conditionally reversed the judgment and remanded the matter to permit Thomas the opportunity to request relief under Senate Bill 136 in the trial court. Thereafter, the California Supreme Court granted Thomas’s petition for review, ordered this court to vacate its decision, and remanded the matter for reconsideration in light of the enactment of Senate Bill No. 483 (2021-2022 Reg. Sess.) (Senate Bill 483). As explained further below, Senate Bill 483, effective on January 1, 2022, added section 1171.1 to the Penal Code (Stats. 2021, ch. 728) and made a number of statutory changes relevant to Thomas’s appeal. Having considered Senate Bill 483, we now strike the two, one-year prior prison term enhancements under former section 667.5, subdivision (b) and remand the matter to the trial court for resentencing consistent with section 1171.1. I. PROCEDURAL AND LEGAL BACKGROUND A. Trial Court On August 8, 2019, the Monterey County District Attorney filed an amended information charging Thomas with assault with a deadly weapon (§ 245, subd. (a)(1); count 1), evading a pursuing peace officer while driving with willful wanton disregard for safety (Veh. Code, § 2800.2, subd. (a); counts 2 & 8), evading a pursuing peace officer while driving willfully against traffic (Veh. Code, § 2800.4; count 9), misdemeanor resisting an officer (§ 148, subd. (a)(1); count 3), misdemeanor hit-and-run driving 2