People v. Weed CA2/7

INTRODUCTION

Dagan Noksi Weed appeals from the trial court’s order revoking his probation and imposing a five-year prison sentence the court had previously suspended. Weed and the prosecutor negotiated the five-year sentence as part of a plea agreement. The trial court found Weed willfully violated the terms of his probation when he took two cars belonging to his wife, Christina Payano, and hit Payano with a backpack and kicked her in the face while taking one of the cars. Weed argues substantial evidence did not support the trial court’s finding he violated the terms of his probation because Payano testified at the probation violation hearing she lied to the police about the physical altercation. He also argues any violation was not willful because he believed he had permission to drive the cars. Finally, Weed argues we should strike the two 1-year sentence enhancements the trial court imposed under Penal Code former section 667.5, subdivision (b),1 because Senate Bill No. 136 (2019-2020 Reg. Sess.), which limits that enhancement to prior prison terms for sexually violent offenses, applies retroactively to his sentence. Weed asserts the rest of his sentence under the plea…