People v. Scott CA3

Filed 7/11/23 P. v. Scott CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C096477

Plaintiff and Respondent, (Super. Ct. No. NCR82011)

v.

THOMAS CHARLES SCOTT,

Defendant and Appellant.

In 2012, a jury found defendant Thomas Charles Scott guilty of several marijuana- related felony offenses and possession of child pornography. Defendant also admitted he sustained multiple violent felony convictions in 1990, all stemming from a single criminal case. The trial court sentenced him to an aggregate term of 25 years to life in prison.

1

After the voters passed the Control, Regulate and Tax Adult Use of Marijuana Act (Proposition 64, as approved by voters, Gen. Elec. (Nov. 8, 2016)) (Proposition 64), defendant petitioned the trial court to resentence his marijuana-related convictions and the court denied the petition. We remanded the matter with directions, as we detail post. On remand, the court declined to resentence defendant, finding he posed an unreasonable risk of danger to public safety. Defendant argues on appeal that the trial court abused its discretion. As we will explain, we agree and will reverse and remand for a new hearing on defendant’s petition. FACTUAL AND PROCEDURAL BACKGROUND In 2012, a jury found defendant guilty of cultivating marijuana (Health & Saf. Code, § 11358; count I),1 possession of marijuana for sale (id., § 11359; count II), possession of concentrated cannabis (id., § 11357, subd. (a); count III), maintaining a place for selling or using controlled substances (id., § 11366; count IV), and possession of matter depicting a minor engaging in sexual conduct (Pen. Code, § 311.11, subd. (b); count V). Defendant also admitted 10 prior violent felony convictions sustained in 1990. (id., §§ 667, subd. (b)(1), 1170.12, subd. (a)-(d)). The trial court sentenced defendant to 25 years to life in state prison on count I, plus a concurrent term of 25 years to life on count 5. It stayed sentences of 25 years to life on counts II through IV pursuant to Penal Code section 654. In 2020, the Department of Justice identified defendant as “potentially eligible” under Proposition 64 for recall or dismissal of his sentence or redesignation of some of his convictions. (People v. Scott (Nov. 15, 2021, C093047) [nonpub. opn.] (Scott).)2 The trial court denied relief as to counts I and II, but reduced count III to a misdemeanor,