People v. Driver CA4/2

I. FACTS

Because the facts are not germane to the issue raised on appeal, we omit a factual

summary of the case. However, this court’s opinion in the underlying case contains a

detailed statement of facts. (People v. Driver, supra, E059681).)

II. DISCUSSION

Defendant contends that he is entitled to retroactive application of the amended

version of Section 11351.5, which would reduce his low term sentence for possessing

cocaine for sale from three years to two years.

A. Background.

On January 10, 2013, defendant was sentenced to a total term of 13 years in state

prison. On the principal count of possession of cocaine for sale, the court imposed the

low term of two years, doubled because of defendant’s strike prior. After this sentence

was imposed, the Department of Corrections and Rehabilitation informed the court that

the minimum sentence for a violation of Section 11351.5 was three years.

On October 2, 2015, after determining that the Department of Corrections and

Rehabilitation was correct, and that the court had erred in sentencing defendant to a

principal term of two years, the court resentenced defendant. The court increased

defendant’s sentence on the…