People v. Guffie CA3

FACTS AND HISTORY OF THE PROCEEDINGS

After a woman ended a relationship with defendant, defendant became angry, broke into the victim’s home, and stabbed the victim with a pitchfork. A jury found defendant guilty of premeditated attempted murder with a deadly weapon (§§ 187, subd. (a), 664, subd. (a), 12022, subd. (b)(1)), first degree burglary (§§ 459, 460, subd. (a)), assault with a deadly weapon other than a firearm (§ 245, subd. (a)(1)), and felony vandalism (§ 594). For premeditated attempted murder, the trial court sentenced defendant to life in prison with the possibility of parole. The trial court stayed execution of the sentences for the remaining offenses pursuant to section 654. Shortly after defendant filed his notice of appeal, the Legislature passed Assembly Bill 518, which amended section 654, granting trial courts discretion to select which one of multiple applicable punishments to execute, regardless of the length of each potential term of imprisonment. (§ 654, as amended by Stats. 2021, ch. 441, § 1.)

DISCUSSION

Both parties agree that Assembly Bill 518 applies retroactively to defendant’s nonfinal sentence. We agree with the parties. “Because…