People v. Garland CA4/2

STATEMENT OF THE CASE

On March 6, 2014, a complaint charged defendant and appellant Christopher C.

Garland with making criminal threats under Penal Code section 422.1 The complaint also

alleged a gang enhancement under section 186.22, subdivision (b)(1)(B) and a prior

prison term under section 667.5, subdivision (b). On May 21, 2014, defendant pled no

contest and admitted the gang allegation. Thereafter, the court sentenced defendant to

three years in state prison based on the high term, and imposed and stayed the sentence

for the gang enhancement. Pursuant to the terms of the plea agreement, the trial court

dismissed the prior prison term allegation.

In December 2014, defendant filed a writ of habeas corpus seeking resentencing

under Proposition 47. On December 15, 2014, the trial court deemed the writ as a

petition for resentencing under section 1170.18. On January 16, 2015, the trial court

found that defendant did not satisfy the criteria set forth in section 1170.18; therefore, he

was ineligible for resentencing. On February 9, 2015, defendant filed a timely notice of

appeal. On March 10, 2015, defendant filed another notice of appeal, challenging “the

sentence…