People v. Terry CA5

Filed 6/3/24 P. v. Terry 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085835 Plaintiff and Respondent, (Super. Ct. No. 13CM0701HTA) v.

CHARLIE TERRY, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Kathy Ciuffini, Judge. J. Edward Jones, 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, Eric L. Christoffersen and John Merritt, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Detjen, J. and DeSantos, J.

INTRODUCTION Charlie Terry, Jr., appellant, appeals from a hearing where the trial court struck appellant’s Penal Code1 section 667.5, subdivision (b) enhancements. Appellant argues he was entitled to have his enhancements stricken, in addition to a full resentencing hearing with implementation of all relevant changes in the law since he was previously sentenced. The People agree. Therefore, we vacate appellant’s sentence and remand the matter for resentencing consistent with section 1172.75 and all current sentencing statutes that apply to appellant. PROCEDURAL HISTORY2 On August 9, 2013, following a bench trial, appellant was convicted of inflicting corporal injury to a spouse (§ 273.5, subd. (a)), a felony, and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), a misdemeanor. The trial court found true appellant had served three prior prison terms (§ 667.5, subd. (b)) and suffered three prior serious or violent felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). The prior convictions which were the basis for the prison prior enhancements were: a 1990 conviction for rape in concert by force or fear (§§ 261, subd. (a)(2), 264.1), a 1998 conviction for failing to register as a sex offender (§ 290, former subd. (g)(2)), and a 2000 conviction for receiving stolen property (§ 496, subd. (a)). On September 11, 2013, in relevant part, appellant was sentenced to 25 years to life for the corporal injury to a spouse, and one year for each prior prison term for an aggregate sentence of 28 years to life.