People v. Stout CA3

Filed 11/15/22 P. v. Stout CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C095431

Plaintiff and Respondent, (Super. Ct. Nos. 16F2193, 16F2518, 16F4167) v.

DOUGLAS JEREMIAH STOUT,

Defendant and Appellant.

In three separate Shasta County cases, defendant Douglas Jeremiah Stout pled no contest to two offenses and a jury found him guilty of eight more offenses. The trial court sentenced defendant to an aggregate term of 35 years two months in prison. After this court reversed one conviction, struck an enhancement, and remanded for resentencing, the trial court resentenced defendant to an aggregate term of 25 years four months in prison, including the upper term of nine years for the principal offense, assault

1

with a firearm, and stayed the sentences for five other offenses pursuant to Penal Code section 654.1 Defendant contends that amendments to sections 654, 1170, and 1170.1, which took effect while his appeal was pending, apply retroactively to his case and require us to vacate his sentence and remand for resentencing. The People agree. We will vacate defendant’s sentence and remand for resentencing. FACTUAL AND PROCEDURAL BACKGROUND In case No. 16F2193, defendant pled no contest to receiving a stolen motor vehicle with a prior felony and admitted a prior prison term. (§§ 496d, subd. (a), 666.5, 667.5, former subd. (b).) In case No. 16F2518, defendant pled no contest to possessing a billy club. (§ 22210.) In case No. 16F4167, the jury found defendant guilty of assault with a semiautomatic firearm (§ 245, subd. (b)), attempted carjacking (§§ 215, subd. (a), 664), attempted kidnapping (§§ 207, subd. (a), 664), two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1)), criminal threats (§ 422), armed criminal action (§ 25800), and illegal possession of ammunition (§ 30305, subd. (a)). The jury also found true five personal use of a firearm enhancements, three pursuant to section 12022.53, subdivision (b) for specified felonies (§ 12022.53, subd. (a)(3), (5)), and two pursuant to section 12022.5, subdivision (a). The trial court sentenced defendant to an aggregate term of 35 years two months for all three cases, consisting of: (1) the upper term of nine years in prison for assault with a semiautomatic weapon, plus a 10-year enhancement for personally using a firearm during the offense; (2) consecutive terms of one year for receiving a stolen vehicle; (3) 10 months for attempted carjacking, plus three years four months for the attached firearm enhancement; (4) eight months for each count of possession of a firearm by a felon; (5)