People v. Eastman CA3

BACKGROUND

On January 23, 2010, defendant stole four tires from a Les Schwab Tires in Paradise. Case No. CM032043 charged him with grand theft (§ 487, subd. (a)) and included prior strike conviction and prior prison term allegations (§§ 667, subds. (b)-(i), 667.5, subd. (b), 1170.12, subds. (a)-(d)). While on bail in case No. CM032043, defendant failed to appear in court on June 8, 2010. He was arrested on June 18, 2010, and found to be in possession of one gram of methamphetamine. Case No. CM033545 charged him with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a) -- count 1) and failure to appear (§ 1320.5 -- count 2) and included on-bail enhancement allegations (§ 12022.1). Defendant subsequently pleaded no contest to the theft, possession and failure to appear counts, and admitted an on-bail enhancement allegation. The trial court suspended imposition of sentence and placed defendant on probation. However, the trial court subsequently revoked probation and sentenced defendant to six years four months in state prison.

2 On February 5, 2015, defendant filed a section 1170.18 petition for resentencing. The trial court reduced the possession of…