People v. Andahl CA3

Filed 10/3/22 P. v. Andahl CA3 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Calaveras) ----

THE PEOPLE, C090707

Plaintiff and Respondent, (Super. Ct. Nos. 17F7159, 18F7255) v. OPINION ON TRANSFER JASON WESLEY ANDAHL,

Defendant and Appellant.

This matter was transferred to us from the California Supreme Court with directions to vacate our prior published decision in People v. Andahl (2021) 62 Cal.App.5th 203, review granted June 16, 2021, S268336, and cause transferred with directions April 20, 2022 (Andahl I), and reconsider the cause in light of Senate Bill No. 483 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 728; Senate Bill 483). As discussed below,

1

we shall remand the matter for resentencing under former Penal Code section 1171.1, added by Senate Bill 483.1 I. BACKGROUND In October 2017, defendant was charged in case No. 17F7159 with willfully and unlawfully inflicting corporal injury upon S.M., with whom he was in a dating relationship (§ 273.5, subd. (a)—count I), criminal threats (§ 422—count II), and false imprisonment (§ 236—count III). The complaint further alleged that defendant had two prison priors (§ 667.5, subd. (b)). In February 2018, the district attorney filed a second criminal complaint, in case No. 18F7255, charging defendant with criminal threats (§ 422—count I), taking or driving a vehicle without consent (Veh. Code, § 10851, subd. (a)—count II), buying or receiving a stolen vehicle (§ 496d, subd. (a)—count III), domestic battery (§ 243, subd. (e)(1)—count IV), willfully and knowingly violating a protective order (§ 166, subd. (c)(1)—counts V and VI), and possessing drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)—count VII). The complaint further alleged, as to counts I through III, that defendant was on bail at the time of the new offenses (§ 12022.1) and that he had two prison priors (§ 667.5, subd. (b)). On August 3, 2018, pursuant to a negotiated agreement, defendant entered a plea of guilty to the infliction of corporal injury as charged in count I of case No. 17F7159. In exchange for his plea, the remaining counts and the special allegations in that case were dismissed on the People’s motion. As part of the plea agreement, defendant also entered