People v. Winner CA3

BACKGROUND

We do not set forth the details of defendant’s crimes as their consideration is unnecessary to resolve this appeal. It suffices to say that defendant pleaded no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378) and admitted a strike (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and five prior prison terms (§ 667.5, subd. (b)) in case No. CM035413. The trial court granted defendant’s motion to strike the strike prior, suspended imposition of sentence, and placed defendant on 48 months of formal probation. Defendant later pleaded guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) in case No. CM041745 and admitted violating his probation in case No. CM035413. The trial court sentenced defendant to seven years eight months in state prison for the two cases. On November 12, 2014, defendant filed a section 1170.18 petition for resentencing on the possession conviction in case No. CM041745. The trial court granted the petition, reducing the possession conviction to a misdemeanor, and resentenced defendant. Defendant filed (two) timely notices of appeal as to the trial court’s order, both designating case No.…