People v. Beadle CA2/6

Filed 11/22/23 P. v. Beadle CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B327520 (Super. Ct. No. NA105727) Plaintiff and Respondent, (Los Angeles County)

v.

JEFFREY F. BEADLE,

Defendant and Appellant.

Jeffrey F. Beadle appeals the denial of his petition for resentencing under Penal Code1 section 1172.75. In 2018, a jury convicted appellant of unlawful sexual intercourse with a minor (§ 261.5, subd. (c); count 1), human trafficking of a minor (§ 236.1, subd. (c)(1)), pimping of a minor (§ 266h, subd. (b)(1)), pandering with a minor (§ 266i, subd. (b)(1)), and seven counts of dissuading a witness from testifying (§ 136.1, subd. (a)(1)). Prior strike and prior prison term allegations (§ 667, subd. (a)(1), former § 667.5,

1 All statutory references are to the Penal Code, unless

otherwise noted.

subd. (b)) were found true based on appellant’s prior 2011 conviction and prison term for committing a lewd act on a child under the age of 14 (§ 288, subd. (a)). As to count 1, the jury also found true an allegation that appellant personally inflicted great bodily injury in committing the offense (§ 12022.7). The trial court sentenced him to an aggregate term of 47 years in state prison. Imposition of the one-year prior prison term enhancement under former section 667.5, subdivision (b) was stayed. When appellant was convicted and sentenced, defendants were subject to a one-year prison term enhancement for each true finding on allegations they had served a prior prison term and had thereafter remained free from custody for at least five years. (Former § 667.5, subd. (b).) Effective January 1, 2020, as enacted pursuant to Senate Bill (SB) 136, section 667.5, subdivision (b) was amended to limit prior prison term enhancements to prior terms imposed for sexually violent offenses “as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.” (Stats. 2019, ch. 590, § 1; People v. Escobedo (2023) 95 Cal.App.5th 440, 445 (Escobedo).) The Legislature subsequently enacted SB 483, which sought to make the changes effected by SB 136 retroactive. (Stats. 2021, ch. 728, § 1; Escobedo, supra, 95 Cal.App.5th at p. 445.) SB 483 went into effect on January 1, 2022, and added former section 1171.1 (now section 1172.75) to the Penal Code. (Ibid.) Section 1172.75 provides that “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of [s]ection 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense . . . is legally invalid.” (§ 1172.75, subd. (a), italics added.)