People v. Edwards
195 Cal. App. 4th 1051
Cal. Ct. App.2011Background
- Edwards appeals two sentencing judgments after a no-contest plea; she argues double counting of sentence enhancements under Health and Safety Code 11370.2 and Penal Code 667.5.
- She also contends Penal Code 4019 (credit for time served) as amended should apply retroactively.
- The two cases are FWV900326 and FWV901833; in FWV900326 the principal count was heroin (count 4) with multiple prior-conviction enhancements; in FWV901833 she faced possession of methamphetamine in jail (count) with related terms.
- The trial court sentenced on November 20, 2009, including three three-year enhancements under 11370.2 and separate prior-prison-term enhancements, with some stays under Penal Code 654.
- The appellate court concludes the 11370.2 and 667.5 enhancements were applied incorrectly and remands for resentencing; 4019 retroactivity is not applied.
- The court notes the abstract of judgment did not reflect per-count imposition of the drug-conviction enhancements and separates habeas petition disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 11370.2 enhancements may be imposed multiple times | Edwards argues status enhancements apply only once | People argues per-subdivision application is allowed | Enhancements may be imposed per subdivision for different current offenses; multiple 3-year increments possible per prior conviction |
| Whether prior prison term enhancements apply to the aggregate sentence only | Edwards contends multiple terms apply across cases | State agrees they apply to aggregate term | Prior prison term enhancements apply only to the aggregate sentence; cannot be imposed in both cases |
| Remedy for sentencing error | Not applicable beyond correction | Remand is unnecessary if correctable | Remand for resentencing is appropriate where correction affects discretion in sentencing |
| Retroactivity of Penal Code 4019 amendment | Credit time served should be retroactive | No retroactive application | Penal Code 4019 amendment does not apply retroactively |
Key Cases Cited
- People v. Coronado, 12 Cal.4th 145 (Cal. 1995) (status vs. offense-based enhancements; general framework for enhancements)
- People v. Williams, 34 Cal.4th 397 (Cal. 2004) (status enhancements imposed once; aggregation principles)
- People v. Tillotson, 157 Cal.App.4th 517 (Cal. App. 2007) (11370.2 enhancements are status enhancements)
- People v. Brookfield, 47 Cal.4th 583 (Cal. 2009) (statutory interpretation of 11370.2; multiple applications per subdivision)
- People v. Rodriguez, 47 Cal.4th 501 (Cal. 2009) (remedies when sentencing errors affect discretion)