People v. Fleer CA4/1

Filed 6/16/22 P. v. Fleer CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079195

Plaintiff and Respondent,

v. (Super. Ct. No. SCS314752)

JAYLEN DEVON FLEER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael J. Popkins, Judge. Affirmed and remanded for resentencing. Matthew R. Garcia, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, and Steve Oetting and Amanda Lloyd, Deputy Attorneys General, for Plaintiff and Respondent. Jaylen Devon Fleer appeals from a 12-year prison sentence imposed after he pled guilty to sex offenses involving four minor victims. His sentence includes an upper term for the principal term, middle terms for eight other

counts that were run consecutively, and upper terms for nine other counts that were ordered to run concurrently or stayed. The sole issue on appeal is whether Fleer is entitled to be resentenced under the new ameliorative provisions of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567),

which amended Penal Code section 1170 1 effective January 1, 2022, to limit a trial court’s discretion to impose an upper term. We conclude that Fleer is entitled to resentencing under In re Estrada (1965) 63 Cal.2d 740 (Estrada). Accordingly, we remand for resentencing under Senate Bill No. 567. In all other respects, the judgment is affirmed. FACTUAL AND PROCEDURAL BACKGROUND On July 24, 2020, Fleer was charged with 20 sex offenses involving four minor victims. The complaint alleged three counts of contacting a minor with intent to commit a sexual offense (§ 288.3, subd. (a)), six counts of sending harmful matter with intent to seduce a minor (§ 288.2, subd. (a)), two counts of attending an arranged illicit meeting with a minor (§ 288.4, subd. (b)), one count of oral copulation by a person over 21 with a person under 16 (§ 287, subd. (b)(2)), two counts of lewd act upon a child 14 or 15 years old (§ 288, subd. (c)(1)), three counts of pandering for prostitution (§ 266i, subd. (a)(6)), one count of attempted lewd act upon a child (§§ 664, 288, subd. (a)), and two counts of arranging a meeting with a minor for lewd and lascivious behavior (§ 288.4, subd. (a)(1).) Fleer pled guilty to all counts on May 7, 2021. On the plea form and a written addendum, Fleer admitted the factual basis for each of the charged crimes. The trial court gave an indicated sentence of 10-12 years. In their statement in aggravation for sentencing, the People provided additional details of the crimes not set forth in the admitted factual basis for