People v. Meredith CA1/2

Filed 11/29/22 P. v. Meredith CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A163555 v. ALBERT MEREDITH, (Sonoma County Super. Ct. No. SCR730635) Defendant and Appellant.

Effective January 1, 2022, Senate Bill No. 567 (2021–2022 Reg. Sess.) (S.B. 567) and Assembly Bill No. 124 (2021–2022 Reg. Sess.) (A.B. 124) amended the determinate sentencing law, Penal Code section 1170, in several fundamental ways. (People v. Flores (2022) 73 Cal.App.5th 1032, 1038 (Flores).) An upper term is now permitted only in certain circumstances, and a lower term is the presumptive term in other circumstances. (§ 1170, subd. (b)(2), (3), and (6).) Defendant Albert Meredith’s only contention on appeal is that he is entitled to resentencing under Penal Code section 1170 as amended by S.B. 567 and A.B. 124, and his case should be remanded for that purpose. The Attorney General agrees the amended sentencing law applies retroactively but argues remand is unnecessary under the circumstances of this case. We will remand for resentencing under the amended law.

1

BACKGROUND In May 2020, the district attorney filed an 11-count information against defendant. He was charged with three counts of corporal injury to a child, Jane Doe 1 (Pen. Code,1 § 273d, subd (a)) and one count of child abuse upon Doe 1 (§ 273a, subd. (a)); all offenses were alleged to have occurred “[o]n or about June 1, 2019 – August 1, 2019.” As to two of the counts, it was alleged that defendant personally inflicted great bodily injury on a child under five years old (§ 12022.7, subd. (d)). Defendant was charged with six counts of lewd or lascivious act upon Jane Doe 2, a child under 14 years old (§ 288, subd. (a)), and one count of lewd or lascivious act upon Doe 2 by use of force, duress, or threat (§ 288, subd. (b)(1)); all offenses against Doe 2 were alleged to have occurred “[o]n or about January 1, 2019 – August 1, 2019.” In May 2021, the parties reached a plea agreement. Defendant pleaded no contest to two counts of corporal injury to Doe 1 (§ 273d, subd. (a); counts 1 and 2) and one count of forcible lewd or lascivious act upon Doe 2 (§ 288, subd. (b)(1); count 11). He also admitted the two enhancement allegations of great bodily injury related to counts 1 and 2. Thus, defendant admitted that he inflicted “cruel and inhuman corporal punishment and injury resulting in a traumatic condition, to wit: fractured ribs,” as alleged in count 1 of the information, and that he inflicted great bodily injury, “to wit: a broken leg,” as alleged in the enhancement for count 2. The parties agreed to a sentence of no more than 14 years, eight months and no less than 10 years and that the remaining charges would be dismissed with a Harvey waiver.2