People v. Carlton CA3

Filed 9/13/23 P. v. Carlton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C096635

Plaintiff and Respondent, (Super. Ct. No. 10F3103)

v.

RALPH WILLIAM CARLTON,

Defendant and Appellant.

Defendant Ralph William Carlton was convicted in 2010 of sex offenses and sentenced to 25 years to life plus six years. He now appeals from the trial court’s June 2022 order denying his petition for recall and resentencing pursuant to Penal Code former section 1170.91.1 The trial court reasoned defendant was ineligible for relief because he had been sentenced to an indeterminate term. Citing recent amendments to section 1170.91 that went into effect on January 1, 2023, and enable those sentenced to

1 Undesignated statutory references are to the Penal Code.

1

indeterminate terms to seek relief (Sen. Bill No. 1209 (2021-2022 Reg. Sess.); Stats. 2022, ch. 721, § 1), defendant asks us to remand the matter for resentencing. The People respond that the recent amendments are prospective only. Alternatively, the People argue defendant is ineligible for resentencing under section 1170.91, subdivision (c), which states that section 1170.91 does not apply to a person who has been convicted of a super-strike offense (§ 667, subd. (e)(2)(C)(iv)) or an offense requiring registration as a sex offender (§ 290, subd. (c)). Because the recent amendments to section 1170.91 are only a partial repeal of an existing statutory right or remedy, we conclude that we must apply the current version of the statute, which renders defendant ineligible for relief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2002, defendant molested his minor stepdaughter and her friend. He was convicted of committing a lewd and lascivious act on a minor. Defendant again molested his stepdaughter in 2010, this time when she was an adult. He was convicted of genital penetration with a foreign object and three counts of sexual battery by unlawful restraint. The trial court found true he was a habitual sexual offender and sentenced him to prison for 25 years to life plus six years and ordered him to register as a sex offender. We affirmed that judgment. (People v. Carlton (Mar. 15, 2012, C067749) [nonpub. opn.].) In August 2021, defendant filed a petition for recall and resentencing. Defendant declared he had served in the military from 1986 to 1992 and had a difficult time readjusting to civilian life. He had attempted suicide and, due to his military service, was suffering from mental illness, posttraumatic stress disorder, and substance abuse. At the time of his crimes, he was smoking marijuana daily and taking over 100 opioid pills each month. He had been a hard worker prior to his military service, and he was now remorseful and participating in substance abuse programs.