People v. Eldridge CA3

Filed 3/3/23 P. v. Eldridge CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C095340

Plaintiff and Respondent, (Super. Ct. No. 20CF00627, 20CF05186, 21CF00326 & v. 21CF02777)

DANIEL MIRLE ELDRIDGE, JR.,

Defendant and Appellant.

Defendant Daniel Mirle Eldridge, Jr., entered a global plea agreement resolving four criminal cases and acknowledging that the matter of probation and sentencing would be left to the trial court’s sole discretion with a potential maximum sentence of eight years and four months. After finding several aggravating factors outweighed a single factor in mitigation, the trial court exercised its discretion to impose the maximum term, including the upper term of four years on the principal count.

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The parties agree, as do we, that the trial court’s selection of the upper term does not comply with the sentencing requirements in Penal Code1 section 1170, subdivision (b), as amended by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731, § 1.3) (Senate Bill 567). Because the new legislation applies retroactively to defendant’s case, we shall reverse and remand for full resentencing so the trial court can exercise its discretion in light of the statutory changes. Based on our disposition, we need not and do not address defendant’s additional arguments that the trial court erred when it denied probation, imposed fees and fines without an ability to pay hearing, and imposed an allegedly improper condition of mandatory supervision regarding gangs. FACTUAL AND PROCEDURAL BACKGROUND In February 2020, defendant was pulled over during a routine traffic stop, and officers discovered a large quantity of narcotics inside the car he was driving. Defendant was charged in Butte County case No. 20CF00627 (00627) with eight drug offenses, including three counts of possession for sale of a controlled substance (Health & Saf. Code, § 11351; count 1 [heroin], count 5 [methadone], count 7 [suboxone]). Defendant was released on bail and later failed to appear for his arraignment on the information. In October 2020, while out on bail, defendant was pulled over while driving a car that had been reported stolen. Marijuana and drug paraphernalia were found in the car. Defendant was charged in Butte County case No. 20CF05186 (05186) with driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count 1) with three prior convictions (§ 666.5), which he allegedly committed while released on bail in case No. 00627 (§ 12022.1). Two other drug charges were also alleged. The following month he was released on bail but failed to appear as ordered.