People v. Todd CA2/2

Filed 2/1/24 P. v. Todd CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B321848

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA101096) v.

GWENDOLYN TODD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Reversed and remanded.

Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri, Supervising Deputy Attorney General, and Nikhil Cooper, Deputy Attorney General, for Plaintiff and Respondent.

****** Gwendolyn Ann Todd (defendant) appeals the trial court’s summary denial of her petition for resentencing under Penal Code section 1172.1.1 The People concede that a remand is necessary. We agree, and reverse the order denying relief and remand for a new hearing that complies with the procedural steps set forth in a law enacted after the trial court’s ruling. FACTS AND PROCEDURAL BACKGROUND I. Facts In 2015, defendant used lighter fluid to set ablaze a tree and a sprinkler control box located on a street corner in Long Beach, California. She later explained that she set the tree on fire because she did not “like that god damn tree” and set the box on fire to “burn” the “asses” of the “roaches” that “come out at night.” Defendant was 55 years old at the time. The People charged defendant with arson of the property of another (§ 451, subd. (d)). The People further alleged that defendant had six prior convictions that qualified as “strikes” under our “Three Strikes” law (§§ 667, subds. (b)-(j), 1170.12, subds. (a)-(d)), and four prior serious felony convictions (§ 667, subd. (a)(1)).