Orellana

Filed 1/25/22

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048315

(Monterey County Plaintiff and Respondent, Super. Ct. No. 19CR007735)

v.

ERNESTO RODRIGUEZ ORELLANA,

Defendant and Appellant.

Ernesto Rodriguez Orellana was charged with criminal threats. The trial court found a doubt as to Orellana’s competency and suspended criminal proceedings. Orellana was treated at Patton State Hospital. He regained competence following treatment, and the parties entered into a plea agreement in which Orellana agreed to serve a prison term of two years. The trial court subsequently imposed a sentence consistent with the terms of the plea agreement. On appeal, Orellana contends the trial court’s failure at sentencing to award him conduct credit for the period of time in which he was receiving treatment for restoration to competence in the state hospital violates Senate Bill No. 317 (2021–2022 Reg. Sess.) (Senate Bill 317). Orellana maintains that Senate Bill 317, which was enacted in October 2021 while his appeal was pending in this court and provides for such…