People v. Staton CA3

Filed 9/16/22 P. v. Staton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C095497

Plaintiff and Respondent, (Super. Ct. Nos. 21CF03684, 19CF04969, 19CF04989, v. 20CF03299)

MICHAEL JAMES STATON,

Defendant and Appellant.

Defendant Michael J. Staton, Jr., pleaded guilty to assault and as a result of the plea was found to have violated his probation in three unrelated cases. The trial court sentenced him to an aggregate term of six years in state prison, including the upper term of four years for his assault conviction. On appeal, defendant contends his sentence should be vacated and the matter remanded to allow the trial court to reconsider the upper

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term sentence in light of recent changes to Penal Code section 1170, subdivision (b), 1 brought about by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731) (Senate Bill No. 567). We agree and will remand for resentencing in accordance with the new law. BACKGROUND In March 2019, in Tehama County Superior Court case No. 19CR000301, defendant pleaded guilty to possession of metal knuckles (§ 21810), and misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377). The trial court granted him a five-year term of probation. Defendant also pleaded guilty to carrying a dirk or dagger (§ 21310) in Tehama County Superior Court case No. 19CR000507, for which he also received a five-year term of probation. In July 2019, case No. 19CR000301 was transferred to Butte County and was renamed Butte County Superior Court case No. 19CF04989 (case No. 989). Case No. 19CR000507 also was transferred to Butte County and was renamed Butte County Superior Court case No. 19CF04969 (case No. 969). In January 2020, defendant admitted violating his probation in both cases (case Nos. 969 and 989) and both grants of probation were modified and reinstated. Later that same year, in Butte County Superior Court case No. 20CF03299 (case No. 299), defendant pleaded no contest to possessing a shuriken. (§ 22410.) In case No. 299, the trial court granted a three-year term of probation; the court modified and reinstated probation in case Nos. 989 and 969. On December 3, 2021, defendant pleaded no contest to assault by means of force likely to produce great bodily injury. (§ 245, subd. (a)(4).) As a result of defendant’s plea, the trial court found he had violated probation in case Nos. 299, 969, and 989. Prior