People v. Lane CA3

Filed 7/22/22 P. v. Lane CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, C094768

Plaintiff and Respondent, (Super. Ct. Nos. 17F1958, 18F1999, 18F4370, 19F4257) v.

KAYLA MARIE LANE,

Defendant and Appellant.

Defendant Kayla Marie Lane agreed to a stipulated term of eight years, including the upper term for one count, in a global settlement of several cases. Consistent with the plea agreement, the trial court sentenced defendant to eight years in prison. Defendant now appeals, arguing the changes made to Penal Code section 1170, subdivision (b) by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731) (Senate Bill 567) do

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not permit an upper term sentence under the circumstances of the case. 1 We will affirm the judgment. I. BACKGROUND This case involves four cases that were resolved by plea agreement. In case No. 17F1958, defendant pled no contest to receiving a stolen vehicle (§ 496d, subd. (a)) and admitted violations of probation in three other cases.2 In case No. 18F1999, defendant pled no contest to possession of a destructive device. (§ 18710, subd. (a).) In case No. 18F4370, defendant pled no contest to attempted first degree burglary (§§ 664, 459) and taking or driving a vehicle with a prior conviction (§ 666.5; Veh. Code, § 10851). In case No. 19F4257, defendant pled no contest for failing to appear in a case. (§ 1320.5.) The parties agreed to resolve these cases for an eight-year sentence, composed as follows: Three years (the upper term) for the attempted burglary conviction and one year (one-third the midterm) for the taking or driving a vehicle conviction in case No. 18F4370; eight months (one-third the midterm) for the failure to appear conviction in case No. 19F4257; eight months (one-third the midterm) for the possession of a destructive device conviction in case No. 18F1999; eight months (one-third the midterm) for the receiving a stolen vehicle conviction in case No. 17F1958; and eight months for each of the three probation violation cases, for a total aggregate sentence of eight years. The prosecution agreed to dismiss the balance of counts and allegations in the cases. The trial court sentenced defendant to eight years in accordance with the plea agreement. The court also awarded defendant 1,189 days of custody credit. Defendant filed a notice of appeal without a certificate of probable cause.