Opinion
F079658
02-07-2020
THE PEOPLE, Plaintiff and Respondent, v. JAY DEE GLEASON, Defendant and Appellant.
Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Michael A. Canzoneri, Deputy Attorneys General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. F18906092)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge. Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Michael A. Canzoneri, Deputy Attorneys General, for Plaintiff and Respondent.
Before Detjen, Acting P.J., Meehan, J. and Snauffer, J.
-ooOoo-
Defendant Jay Dee Gleason contends on appeal that Senate Bill No. 136 (2019-2020 Reg. Sess.) requires that his prior prison term enhancement be stricken, and the People concede. We vacate the sentence and remand for resentencing.
BACKGROUND
On June 15, 2018, defendant was driving with a blood-alcohol concentration of 0.09 percent.
On December 14, 2018, defendant pled no contest to felony driving under the influence with a blood-alcohol concentration of 0.08 percent or more (Veh. Code, § 23152, subd. (b); count 1). He admitted having suffered a prior felony conviction for violation of section 23152, subdivision (b) (§ 23550.5, subd. (a)) and having served three prior prison terms, all for violations of section 23152, subdivision (b) (Pen. Code, § 667.5, subd. (b)). He entered his plea in exchange for a four-year sentence "lid" and dismissal of a second count.
All statutory references are to the Vehicle Code unless otherwise noted. --------
On May 7, 2019, defendant raised a motion to withdraw his plea.
On June 4, 2019, the trial court denied the motion.
The same day, the trial court sentenced defendant to four years in prison, as follows: the upper term of three years on count 1, plus one year for a prior prison term enhancement. The court dismissed the remaining two prior prison term allegations.
On July 22, 2019, defendant filed a notice of appeal.
DISCUSSION
Senate Bill No. 136 amended Penal Code section 667.5, subdivision (b) to limit prior prison term enhancements to only prior terms that were served for a sexually violent offense as defined by Welfare and Institutions Code section 6600, subdivision (b). (Pen. Code, § 667.5, subd. (b), as amended by Stats. 2019, ch. 590, § 1, eff. Jan. 1, 2020.) Defendant's prior prison term was not served for a sexually violent offense, and thus it must be stricken.
DISPOSITION
The sentence is vacated and the matter remanded to the trial court for resentencing. The court is ordered to strike the prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). Following resentencing, the court is directed to prepare a new abstract of judgment and forward a certified copy to the appropriate entities. In all other respects, the judgment is affirmed.