People v. Crowder

1

THE PEOPLE, Plaintiff and Respondent, v. BRANDON JOHN CROWDER, Defendant and Appellant.

C095508

California Court of Appeals, Third District, Butte

May 19, 2023

NOT TO BE PUBLISHED

(Super. Ct. Nos. 19CF00623, 19CF06900, 20CF06023, 21CF02950 P15CR0151)

Duarte, Acting P. J.

Defendant Brandon John Crowder pleaded guilty or no contest in five separate criminal cases and was sentenced to an aggregate prison term of nine years eight months. For the principal drug conviction in his initial case out of El Dorado County case No. P15CRF0151 (the El Dorado County case), occurring when defendant was 22 years old, defendant stipulated to a midterm sentence of five years. He now argues the matter must be remanded for resentencing under Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567),^[1] which amended Penal Code section 1170 effective January 1, 2022, to limit a trial court's discretion to impose the midterm when certain statutory mitigating factors contributed to the commission of the offense, including where a defendant was less than 26 years old at the time of the offense.^[2] (Stats. 2021, ch. 731, § 1.3) Defendant also argues certain fees and fines must be vacated under recent legislative changes to the criminal fee statutes.

We requested supplemental briefing on whether the judgment in the El Dorado County case was final for purposes of Estrada retroactivity when Senate Bill No. 567 went into effect, and, if so, whether it remained final when defendant was sentenced in his new cases together with the old (§ 1170.1). The parties agree the El Dorado County case was final before the effective date of Senate Bill No. 567 but disagree as to the effect of the subsequent sentencing.

We agree with the parties that the El Dorado County case was final before Senate Bill No. 567 went into effect; we further hold that nothing affected the finality of that judgment, and no basis exists for applying the new legislation to defendant's midterm sentence. That judgment was similarly final for purposes of the new fee legislation, although we acknowledge that any remaining balances due on the fees defendant challenges on appeal are no longer enforceable or collectible. Because defendant raises no other issues regarding the judgment in his most recent case, we shall affirm.

BACKGROUND

Because the facts of defendant's numerous offenses are not relevant to the issues he raises on appeal, we provide only a brief factual background.

The El Dorado County Case

In April 2015, defendant was charged in El Dorado County with manufacturing a controlled substance other than PCP (Health &Saf. Code, § 11379.6, subd. (a); count 1), possession of a controlled substance (methamphetamine) (id., § 11377, subd. (a); count 2), and possession of drug paraphernalia (id., § 11364; count 3). In June 2015, defendant pleaded no contest to count 1 in exchange for a suspended sentence and three years formal probation with various terms and conditions. The court immediately sentenced him pursuant to the plea agreement, imposed fees and fines, including a $60 criminal justice administrative fee under section 1205 and a $250 probation supervision fee under section 1203.1, and dismissed the remaining counts. Defendant was 22 years old at the time he committed count 1.

Defendant subsequently admitted violating probation on multiple occasions; his probation was revoked and reinstated on modified terms with additional jail time.

After finding two probation violations in July 2016, the trial court terminated probation and accepted the parties' stipulated agreement to the midterm of five years for the manufacturing offense to be served as a split sentence with three years in county prison and the remaining two years on mandatory community supervision. All previously imposed fines and fees remained in effect, and the court also imposed a $1,200 mandatory supervision fee under section 1203.1e. In August 2017, defendant was released on mandatory supervision.

Thereafter, defendant admitted violating the terms of his mandatory supervision on multiple occasions. He was reinstated on supervision with additional jail time.

Butte County Case No. 19CF00623

In January 2019, defendant was charged in Butte County case No. 19CF00623 (case No. 0623) with manufacturing a controlled substance other than PCP (Health &Saf. Code, § 11379.6, subd. (a); count 1). The following month, in February 2019, defendant pleaded no contest.

In March 2019, pursuant to section 1170.1, the trial court resentenced defendant in the El Dorado County case to the previously imposed five-year term as the principal term and added a consecutive subordinate term of one year eight months (one-third the midterm) in county prison in case No. 0623, with the concluding 1,337 days to be served on mandatory supervision. The court imposed various fees and fines and reaffirmed all previously imposed fees and fines in the El Dorado County case. Defendant's total aggregate sentence was six years eight months in county prison.

Butte County Case No. 19CF06900

In October 2019, defendant was charged in Butte County case No. 19CF06900 (case No. 6900) with injuring a spouse or cohabitant (§ 273.5, subd. (a); count 1). Probation also filed a petition for violation of mandatory supervision alleging three violations. In February 2020, defendant pleaded guilty to the corporal injury offense and the trial court found him in violation of his mandatory supervision in case No. 0623.

In May 2020, the court resentenced defendant to the previously imposed terms in the El Dorado County case and case No. 0623 and sentenced him to a consecutive subordinate term of one year for case No. 6900. Defendant's aggregate prison term was seven years eight months. The court imposed various fees and fines, with all previously imposed fees and fines in effect, awarded credits, and terminated mandatory supervision in the prior cases as unsuccessful.

On May 20, 2020, defendant filed a timely notice of appeal of his sentence in case No. 6900, and also referenced the El Dorado County case and case No. 0623. (People v. Crowder (June 17, 2021, C091972) [app. dism.] (Crowder I).)^[3] In August 2020, this court granted defendant's request to construe the notice of appeal as including all three cases.

In June 2021, after the appellate record had been prepared in Crowder I, defendant filed a notice of abandonment of appeal and request for dismissal. Three days later, this court granted defendant's request and dismissed the appeal. We ordered that the remittitur issue forthwith. (Cal. Rules of Court, rule 8.316(b)(2).)^[4] That same day, on June 17, 2021, the remittitur issued in Crowder I.

Butte County Case No. 20CF06023

While the appeal was pending in Crowder I, defendant was charged in Butte County case No. 20CF06023 (case No. 6023) with possession of a controlled substance or paraphernalia in a custodial facility (§ 4573.6, subd. (a); count 1), and in January 2021, he pleaded no contest.

The following month, the trial court resentenced defendant to the previously imposed terms in the El Dorado County case and case Nos. 0623 and 6900. The court then sentenced defendant to a subordinate, consecutive term of one year in case No. 6023, for a total aggregate term of eight years eight months in prison. The court imposed new fines and fees, reaffirmed the previously imposed fines and fees, and awarded credits.

On March 25, 2021, defendant appealed from his sentencing in case No. 6023, and from the reimposition of sentence in the El Dorado County case as well as case Nos. 0623 and 6900. (People v. Crowder (July 2, 2021, C093812) [app. dism.] (Crowder II).)^[5] On June 2, 2021, this court granted defendant's request to construe the notice of appeal as including all four cases.

In June 2021, after the appellate record had been prepared in Crowder II, defendant filed a notice of abandonment of appeal and request for dismissal. On July 2, 2021, this court dismissed the appeal and issued the remittitur.

Butte County Case No. 21CF02950

In June 2021, the same month that we dismissed defendant's appeals on his request in Crowder I and Crowder II, defendant was charged in Butte County case No. 21CF02950 (case No. 2950) with two counts of making a false statement or representation to obtain California Employment Development Department (EDD) benefits (Unemp. Ins. Code, § 2101, subd. (a); counts 1 &3) and attempting to make a false statement or representation to obtain EDD benefits (Pen. Code, § 664, subd. (a); Unemp. Ins. Code, § 2101, subd. (a); count 2). In October 2021, defendant pleaded no contest to counts 1 and 2 in exchange for dismissal of count 3 with a Harvey waiver.

In December 2021, pursuant to section 1170.1, the trial court resentenced defendant to the previously imposed terms in the El Dorado County case and case Nos. 0623, 6900, and 6023. For the offenses in case No. 2950, the newest case, the court sentenced defendant to consecutive and subordinate terms of eight months for count 1 and four months for count 2. Prior to imposing sentence, the court found "on balance that the circumstances in aggravation do not outweigh the circumstances in mitigation." In mitigation, the court found that defendant pleaded early, and in aggravation, that defendant's prior convictions as an adult were numerous.

Defendant's total aggregate sentence for all five cases was nine years eight months in prison. The trial court imposed new fines and fees, reaffirmed all previously imposed fines and fees, and awarded credits. Defendant filed a handwritten notice of appeal, purporting to appeal all five criminal cases.

DISCUSSION

I Senate Bill No. 567

Defendant contends we must remand for resentencing on his midterm sentence on the...