People v. Guffie CA3

Filed 7/22/22 P. v. Guffie CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

C094460 THE PEOPLE, (Super. Ct. No. CR037200) Plaintiff and Respondent,

v.

TOBIE ALLEN GUFFIE,

Defendant and Appellant.

After a jury found defendant Tobie Allen Guffie guilty of attempted murder, burglary, assault with a deadly weapon, and vandalism, the trial court sentenced defendant to life in prison for attempted murder and stayed execution of the sentences for the other offenses as required by Penal Code section 654 (statutory section citations that follow are to the Penal Code). On appeal, the parties agree the changes made by Assembly Bill No. 518 (2021-2022 Reg. Sess.) (Assembly Bill 518), which amended section 654 to give trial courts discretion to select which punishment to execute when multiple provisions apply to the same criminal conduct, require us to vacate defendant’s sentence and remand the case for the trial court to exercise its new discretion. We agree with the parties and will vacate defendant’s sentence and remand for resentencing.

1

FACTS AND HISTORY OF THE PROCEEDINGS After a woman ended a relationship with defendant, defendant became angry, broke into the victim’s home, and stabbed the victim with a pitchfork. A jury found defendant guilty of premeditated attempted murder with a deadly weapon (§§ 187, subd. (a), 664, subd. (a), 12022, subd. (b)(1)), first degree burglary (§§ 459, 460, subd. (a)), assault with a deadly weapon other than a firearm (§ 245, subd. (a)(1)), and felony vandalism (§ 594). For premeditated attempted murder, the trial court sentenced defendant to life in prison with the possibility of parole. The trial court stayed execution of the sentences for the remaining offenses pursuant to section 654. Shortly after defendant filed his notice of appeal, the Legislature passed Assembly Bill 518, which amended section 654, granting trial courts discretion to select which one of multiple applicable punishments to execute, regardless of the length of each potential term of imprisonment. (§ 654, as amended by Stats. 2021, ch. 441, § 1.)