People v. Seaton CA2/3

Filed 1/31/23 P. v. Seaton CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B312805

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA115193) v.

LEON SEATON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura Laesecke, Judge. Remanded for resentencing. Susan Morrow Maxwell, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

After a jury found Leon Seaton guilty of first degree burglary, the trial court found that he had two prior strike convictions within the meaning of the Three Strikes law, struck one of the strikes, and sentenced him to the upper term, doubled based on the remaining strike. Seaton now appeals, contending that remand is required based on recent amendments to Penal Code1 section 1170 and that there are other sentencing errors. We agree that remand for resentencing is required. BACKGROUND On the morning of August 27, 2020, Caitlyn Lindgren heard a loud bang come from the front of her house. Looking out, she saw someone in her storage shed. Lindgren called 911. Responding police officers found Seaton on a neighbor’s property and arrested him. Seaton was charged with first degree burglary, person present (§ 459), and a jury found him guilty as charged. On May 4, 2021, the trial court held a court trial on two prior strike convictions that had been alleged under the Three Strikes law against Seaton. The prosecutor moved to dismiss the prior strikes based on their age and per a directive of the District Attorney’s Office, but the trial court declined to dismiss them. The People proceeded to prove them by submitting two packets of certified prison records, i.e., 969b packets.2 The first packet stated that Seaton had suffered a first degree burglary conviction (§ 459) on October 12, 1999. The second packet showed that