People v. Slyter CA3

Filed 9/6/22 P. v. Slyter CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C095173

Plaintiff and Respondent, (Super. Ct. Nos. 20CM03184, 21CF03505) v.

JERRY ALLEN SLYTER, JR.,

Defendant and Appellant.

Defendant Jerry Allen Slyter, Jr., pled no contest to both failing to register as a sex offender and soliciting prostitution by providing compensation. He received the upper term on the sex offender registration count. On appeal, defendant challenges the upper- term portion of his sentence based on recent legislative enactments and argues the trial court should have conducted a hearing regarding his ability to pay fines. We remand for resentencing.

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I. BACKGROUND1 Defendant solicited a coworker for sex, and she reported the occurrence to authorities. In the course of the investigation related to that offense, an officer determined defendant was not in compliance with a previously imposed requirement that defendant register with authorities as a sex offender every 30 days. When authorities arrested defendant based on those charges, he was in possession of methamphetamine and drug paraphernalia. Defendant pled no contest to failing to register as a sex offender (Pen. Code, § 290.011, subd. (a))2 and to soliciting prostitution by providing compensation (§ 647, subd. (b)(2)). Defendant subsequently failed to appear for sentencing and a warrant was issued for his arrest. He pled no contest in two separate cases for misdemeanor possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and for failure to appear on his own recognizance in the solicitation case (§ 1320, subd. (b)). At sentencing for all three cases, the probation department reported that defendant’s adult criminal history included three felonies and nine misdemeanors. Defendant had previously violated probation and parole and he had served a prior prison term. Probation also reported defendant suffers from mental health disorders for which mental-health professionals prescribed medication, but defendant expressed general concerns that he did not like the way psychiatric medication made him feel. Defendant desired to continue his rehabilitation with a mental health counseling facility. The probation department opined that defendant’s mental health disorders and resulting drug use may have contributed to commission of the solicitation and failure to register offenses. Defendant argued the trial court should impose the low or mid-term given