People v. Mosley CA5

Filed 1/4/23 P. v. Mosley CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F083820 Plaintiff and Respondent, (Super. Ct. No. BF185981A) v.

JULIUS ANTOINE MOSLEY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Elizabet Rodriguez, Judge. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen, and Michael A. Canzoneri, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Detjen, J. and Snauffer, J.

Defendant Julius Antoine Mosley pled no contest to two counts of assault with a semiautomatic firearm and admitted two personal use of a firearm allegations. Defendant was sentenced to a total term of 10 years four months in prison. On appeal, defendant argues he is entitled to the retroactive benefit of Senate Bill No. 81 (2021–2022 Reg. Sess.) (Senate Bill 81), which added subdivision (c) to Penal Code section 1385,1 and requires dismissal of all but one sentence enhancement in most cases. The People disagree, arguing that defendant is not entitled to the benefit of Senate Bill 81 because it is explicitly only prospective. We affirm. PROCEDURAL SUMMARY On August 10, 2021, the Kern County District Attorney filed an information charging defendant with two counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 1 & 2). As to each count, the information further alleged that defendant personally used a firearm (§ 12022.5, subd. (a)). On November 2, 2021, defendant pled no contest to both counts and admitted both firearm allegations upon the trial court’s indication that it would impose an indicated sentence of 10 years four months. On December 16, 2021, the trial court sentenced defendant to the indicated sentence as follows: on count 1, three years (the low term) plus a four-year firearm enhancement (the middle term); on count 2, two years (one-third the middle term) plus a 16-month firearm enhancement (one-third the middle term), consecutive to the term on count 1. On January 25, 2022, defendant filed a notice of appeal.