People v. Fielding CA3

Filed 7/15/22 P. v. Fielding CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C094725

Plaintiff and Respondent, (Super. Ct. Nos. CRF20761, CRF201377) v.

ANGEL MIGUEL FIELDING,

Defendant and Appellant.

Defendant Angel Miguel Fielding pleaded no contest to first degree burglary and taking a vehicle without consent. The plea agreement included a Cruz waiver.1 After defendant violated the Cruz waiver, the trial court sentenced him to the middle term for the principal offense, first degree burglary.

1 See People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.

1

Defendant contends that we must remand for resentencing because the trial court’s imposition of the middle term did not satisfy the new requirements of recently enacted amendments to Penal Code section 1170, subdivision (b)(6),2 which took effect while his appeal was pending and apply retroactively to his case.3 The People agree that these amendments apply retroactively but contend that defendant is ineligible for relief under the terms of the new law. We conclude that there is no evidence in the record that the amendments to section 1170, subdivision (b)(6) apply to defendant’s sentence. We also disagree with defendant’s contention that the trial court erred by imposing a fine for the burglary in the wrong amount. Accordingly, we will affirm the trial court’s judgment. FACTUAL AND PROCEDURAL BACKGROUND Defendant pleaded no contest to first degree burglary (§§ 459, 461, subd. (a), Yuba County Super. Ct. case No. CRF20-1377) and taking a vehicle without consent (Veh. Code, § 10851, Yuba County Super. Ct. case No. CRF20-761). For the burglary charge, the parties stipulated that defendant forcibly entered and stole items from the residence of his aunt. For the taking a vehicle without consent charge, the parties stipulated that defendant took and drove a vehicle valued at over $1,000 without the permission of its owner. As part of the negotiated plea, defendant also admitted a prior serious felony conviction. The plea agreement incorporated a Cruz waiver, permitting defendant’s release on his own recognizance pending sentencing. If defendant complied with terms of the Cruz