People v. Wealth CA2/8

Filed 8/16/22 P. v. Wealth CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B313713

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA462465) v.

SHEBETH WEALTH,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. Curtis B. Rappe, Judge. Affirmed in part, reversed in part and remanded with directions. Jason Szydlik, 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, William H. Shin, Steven D. Matthews, Michael J. Wise and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.

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In May 2017, defendant and appellant Shebeth Wealth assaulted a social worker during a visit with her minor son and then fled with him. She was arrested later that night at her home, and her son was returned to the custody of the Los Angeles County Department of Children and Family Services. Defendant was charged with kidnapping (Pen. Code, § 207, subd. (a)), child detention (§ 278.5), and assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)). An allegation of great bodily injury was also alleged (§ 12022.7, subd. (a)). After a jury trial, defendant was convicted of all charges and sentenced to nine years in prison. In our original unpublished decision, we reversed the three- year sentence on the great bodily injury enhancement, remanded for a new sentencing hearing and otherwise affirmed defendant’s conviction. Our original decision further concluded Penal Code section 1001.36, enacted in June 2018, did not apply retroactively. (People v. Wealth (Nov. 26, 2019; B294035) [nonpub. opn.].) Defendant filed a petition for review with the Supreme Court. The Supreme Court granted review and deferred further consideration of the matter pending its disposition in People v. Frahs (2020) 9 Cal.5th 618. After issuance of the Frahs decision in which it concluded Penal Code section 1001.36 applies retroactively to cases not yet final on appeal, the Supreme Court transferred the matter back to our court with directions to vacate our original decision and reconsider the cause in light of Frahs. After reconsidering the parties’ arguments in light of Frahs, we again affirmed defendant’s conviction and concluded defendant forfeited her right to seek mental health diversion since Penal Code section 1001.36 took effect several months before defendant’s original sentencing in October 2018, but she did not make any request for diversion in the trial court. (People