People v. Boyd CA5

California Court of Appeal Jan 26, 2024 No. F085425Unpublished

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Holding. The court affirmed the defendant's sentence, holding that the trial court's improper consideration of the defendant's postrelease community supervision status as an aggravating factor was harmless error because other properly established aggravating factors supported the upper term. The court also rejected the defendant's claims of ineffective assistance of counsel and abuse of sentencing discretion.

Issues

Whether the trial court's consideration of an improperly established aggravating factor warrants reversal of the upper term sentence.
Whether defense counsel provided ineffective assistance by failing to raise specific mitigating circumstances or object to the court's judicial notice.
Whether the trial court abused its discretion in imposing the upper term sentence.
Whether the abstract of judgment requires correction regarding custody credits.

Disposition. affirmed

Quotations verified verbatim against the opinion

“we conclude that there is no reasonable probability the court would have selected the middle or lower term absent the P.R.C.S. violation circumstance.”

“The judgment is affirmed.”

“The trial court is directed to prepare and transmit to appropriate parties and entities an amended abstract of judgment reflecting 1,738 days of actual custody credits, plus 272 days of local conduct credits”

Filed 1/26/24 P. v. Boyd CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F085425 Plaintiff and Respondent, (Fresno Super. Ct. No. F18904018) v.

JONATHAN KEITH BOYD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. F. Brian Alvarez, Judge. Scott Concklin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Galen N. Farris, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and Snauffer, J.

In an amended information filed July 13, 2018, the Fresno County District Attorney charged defendant and appellant Jonathan Keith Boyd (defendant) with several prostitution related crimes concerning three victims: Michelle M., Jessica D., and minor Toni B. Charges Related to Victim Toni B. In an information, defendant was charged with human trafficking of Toni B., a minor, for a sex act (count 1; Pen. Code, § 236.1, subd. (c)(2))1 in a manner involving force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury (see § 236.1, subd. (c)(2)); pimping a minor (count 2; § 266h, subd. (b)(2)); lewd act upon a child (count 3; § 288, subd. (c)(1)); and pandering of a minor under age 16 (count 4; § 266i, subd. (b)(2)). The information alleged Toni was 13 or 15 years old when the lewd act was committed upon her. Charges Related to Michelle M. Defendant was further charged with human trafficking of Michelle M. to commit another crime (count 5; § 236.1, subd. (b)); kidnapping to commit another crime (count 6; § 209, subd. (b)(1)); and forcible rape (count 7; § 261, subd. (a)(2)). Charges Related to Victim Jessica D. Defendant was also charged with pimping (count 8; § 266h, subd. (a)); and pandering (count 9; § 266i, subd. (a)(2)) Jessica D. Additional Allegations The complaint further alleged defendant had suffered a prior strike (§§ 667, subd. (b), 1170.12, subds. (a)–(d)) and three prior prison terms (§ 667.5, subd. (b)). Verdicts and Sentence A jury convicted defendant of counts 1 through 4 and 8 through 9 and found true the special allegation on count 1. In a bifurcated proceeding, the trial court found the

People v. Boyd CA5

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