People v. Tumua CA3

Filed 6/8/23 P. v. Tumua CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C095960

Plaintiff and Respondent, (Super. Ct. Nos. 21CF00458, 20CM05333, 21CF00903, v. 21CM00916)

RONNIE TUMUA,

Defendant and Appellant.

To resolve four separate cases and some additional uncharged misconduct in jail, defendant pled no contest to two counts of vandalism, one count of battery, disobeying a domestic violence order, trespass, driving under the influence, obstructing, or delaying a peace officer, and battery on a custodial officer. The trial court sentenced defendant to four years four months in state prison which included the upper term on the principal count. On appeal, defendant argues his sentence should be vacated and the matter remanded for resentencing in light of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill 567), which altered the methodology for selecting an appropriate triad term. (Pen.

1

Code, § 1170, subd. (b); Stats. 2021, ch. 731, § 1.3, eff. Jan. 1, 2022.)1 The Attorney General agrees. We will affirm the convictions, vacate the sentence, and remand for resentencing. I. BACKGROUND 1. Case No. 20CM053332 On September 20, 2020, officers responded to a report of a group of males in a parking lot with a shotgun. Upon their arrival, the group dispersed. When later apprehended, defendant acted in a threatening manner towards the officers, and the officers used a taser to subdue him. The complaint in this case charged defendant with resisting, delaying, or obstructing a peace officer. (§ 148, subd. (a)(1).) By amendment, the complaint also charged defendant with failure to appear. (§ 853.7.) 2. Case No. 21CF00458 While he was in jail on January 30, 2021, defendant refused deputies’ orders to put his hands behind his back. When officers secured his arms, he resisted and was able to escape their control. A deputy pushed him into a cell and tried to exit at which time defendant punched that deputy. The deputy struck defendant who then hit him back. The first amended information in this case charged defendant with battery on a custodial officer. (§ 243.1.) It also alleged a prior serious felony conviction and a strike conviction from Colorado. 3. Case No. 21CF00903 This case covers four separate incidents.