People v. Chance CA3

Filed 11/21/22 P. v. Chance CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C095645

Plaintiff and Respondent, (Super. Ct. Nos. 17F5886, 19F1132, & 19F5154) v.

ALLEN GEORGE CHANCE,

Defendant and Appellant.

Defendant Allen George Chance pleaded no contest to multiple felonies and misdemeanors in four unrelated cases. Defendant pleaded no contest in the first case and received probation. After defendant failed to comply with the terms of the plea jointly resolving the three remaining cases, the trial court sentenced him to the eight-year four-

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month maximum term, including the four-year upper term for inflicting corporal injury. (Pen. Code, § 273.5, subd. (a).)1 On appeal, defendant contends the trial court could not impose the upper term for inflicting corporal injury given the sentencing requirements within Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill 567). We vacate defendant’s sentence and remand for resentencing. BACKGROUND 2 Over the course of several years, defendant abused, threatened, and harassed his ex-wife. In case No. 886, defendant pleaded no contest to assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)), and in 2018 he received three years’ probation. While defendant was on probation, the probation department filed three revocation of probation petitions which were based on defendant’s failure to participate in rehabilitative programming and his commission of additional offenses. One of the offenses cited in the revocation petition, plus two additional offenses defendant committed while on probation, resulted in felony and misdemeanor charges in case Nos. 132, 154, and 20M2497 (497). Two years later, defendant appeared for a violation of probation hearing. Defendant pleaded no contest to the felonies and misdemeanors in case Nos. 132, 154, and 497. Pursuant to his plea jointly resolving case Nos. 132, 154, and 497, defendant

1 Undesignated statutory references are to the Penal Code. 2 The parties stipulated that the preliminary hearing in case No. 17F5886 (886) and the police reports for case Nos. 19F1132 (132) and 19F5154 (154) provided the factual bases for defendant’s pleas. As the substantive facts for each case are not relevant to our disposition, they are not recounted here in any detail.