People v. Minick CA3

BACKGROUND

The People charged defendant with one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378—count 1) and one count of receiving a stolen vehicle. (§ 496, subd. (a)—count 2.) As to the drug possession count, the information

Defendant contends that remand is also required under the United States Supreme Court’s decision in Erlinger v. United States (2024) 602 U.S. 821. While our high court has ordered reconsideration under both Lynch and Erlinger in other cases, it has not done so here. Moreover, since we conclude remand is required under Lynch, we need not address remand under Erlinger.

2 also alleged that defendant had previously been convicted of a serious felony, first degree burglary (§ 459), which constitutes a strike under the Three Strikes law. Defendant entered a no contest plea to count 1 and admitted the prior strike conviction. Under the plea agreement, defendant was given the opportunity to complete a minimum six-month residential treatment program. If defendant successfully completed the program, the strike would be stricken, and defendant would be given an unusual case finding and granted probation. If defendant did not…