People v. Weldon CA2/6

Filed 12/21/23 P. v. Weldon CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B321956 (Super. Ct. No. 21CR00636) Plaintiff and Respondent, (Santa Barbara County)

v.

DENNIS ANTHONY WELDON,

Defendant and Appellant.

Dennis Anthony Weldon pleaded no contest to resisting arrest (Pen. Code,1 § 69) and attempted criminal threats (§§ 422, 664). Pursuant to a negotiated dispostion, the trial court imposed a stipulated sentence of the upper term of three years for resisting arrest and four months for attempted criminal threats. Appellant was released on probation. This was a very lenient disposition. He was facing a mandatory prison sentence. And it

1 Further unspecified statutory references are to the Penal

Code.

seems obvious that the trial court wanted a “sword of Damocles” hanging over appellant’s head to “catch his attention.” As we explain, this did not work. Appellant contends his sentence must be vacated and remanded for a new hearing because Senate Bill No. 567, which amended section 1170, applies to his case. We disagree. FACTS AND PROCEDURAL HISTORY Appellant was arrested for disturbing the peace at a veteran’s clinic. During the arrest, he refused to walk to the patrol car and threatened to kill not only the arresting sheriff’s deputy, but his family as well. During a search, deputies found a knife in appellant’s jacket pocket. As well as the substantive offenses, it was alleged that appellant had two prior strike convictions (§667, subds. (d)(1) & (e)(1)). It also alleged that he was ineligible for probation pursuant to section 1203, subdivision (e)(4) and that he had been convicted of a serious felony pursuant to section 1170, subdivision (h)(3). Pursuant to a negotiated plea agreement, the trial court imposed the upper term of three years pursuant to the agreement of the People and appellant. One of the terms of probation was that appellant abstain from alcohol. But two months later, sheriff’s deputies responded to a domestic dispute involving appellant. The deputies noticed appellant’s speech was slurred and his eyes were glassy. They arrested appellant and administered a preliminary alcohol screening test. Appellant’s blood alcohol content was 0.043. Following a hearing, the trial court found appellamt violated probation. It imposed the previously suspended term of three years four months in state prison. The trial court noted