People v. Wallace CA5

Filed 6/23/22 P. v. Wallace 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083572 Plaintiff and Respondent, (Super. Ct. No. CF02671718) v.

ANTHONY LEROY WALLACE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Arlan L. Harrell, Judge. Allen G. Weinberg, Esq., 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 Poochigian, Acting P. J., Detjen, J. and Franson, J.

Defendant Anthony LeRoy Wallace was convicted by jury trial of felony vandalism. On appeal, he contends Senate Bill No. 483 (2021–2022 Reg. Sess.) (Senate Bill 483) requires that his two prior prison term enhancements must be stricken and the matter remanded for resentencing. We agree with the People that defendant’s appeal should be dismissed. BACKGROUND1 In October 2002, a jury found defendant guilty of felony vandalism (Pen. Code, § 594)2 and found he had suffered two prior “strike” convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and had served two prior prison terms (§ 667.5, subd. (b)). In April 2003, the trial court sentenced defendant to 25 years to life pursuant to the Three Strikes law, plus two consecutive one-year prior prison term enhancements. Remittitur issued on January 28, 2005. Almost 16 years later, in January 2021, defendant filed a motion requesting modification of his sentence—specifically, the striking of the two prior prison term enhancements—under Senate Bill No. 136. Because defendant’s judgment had been final for many years, the trial court denied the motion. On November 17, 2021, defendant filed a notice of appeal from the trial court’s denial of his motion. DISCUSSION Effective January 1, 2020, Senate Bill 136 amended section 667.5, subdivision (b) (Stats. 2019, ch. 590, § 1) to limit prior prison term enhancements to only prior prison terms that were served for sexually violent offenses as defined by Welfare and Institutions Code section 6600, subdivision (b); enhancements based on prison terms