People v. Snow CA2/3

Filed 7/28/22 P. v. Snow CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B314736

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA022891) v.

STEPHEN SNOW,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Suzette Clover, Judge. Affirmed. William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

In 1995, Stephen Snow, a military veteran, was sentenced to an indeterminate term. Years later, he petitioned to recall his sentence under new legislation categorizing trauma-related conditions caused by military service as a mitigating factor. The trial court denied the petition, finding that the legislation did not apply to indeterminate sentences. Snow appeals. Agreeing with the trial court, we affirm. BACKGROUND In 1995, a jury found Snow guilty of second degree commercial burglary (Pen. Code,1 § 459). After the trial court found that Snow had two prior convictions within the meaning of the Three Strikes law, he was sentenced to 25 years to life. In 2021, Snow filed a petition to recall the judgment under section 1170.91, subdivision (b)(1), arguing that he suffered from mental disorders resulting from his military service. Snow also submitted evidence to establish his condition and veteran status. Although the trial court appointed counsel for Snow, the trial court summarily denied the petition without a hearing on the ground that section 1170.91 applies to determinate terms, whereas Snow had been sentenced to an indeterminate term. DISCUSSION Snow contends that the trial court erred in summarily denying his petition, arguing that his eligibility for resentencing could only be determined after a hearing. Effective January 1, 2015, sentencing courts must consider any trauma, substance abuse, and mental health issues caused