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The People v. Jeremy Lee Hosmer

December 21, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JEREMY LEE HOSMER, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. CM033602, CM034139)

The opinion of the court was delivered by: Blease , Acting P. J.

P. v. Hosmer CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Jeremy Lee Hosmer pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) in Butte County Superior Court case No. CM033602 and failure to appear (Pen. Code, § 1320, subd. (b))*fn1 in case No. CM034139, as well as admitting a strike allegation in both cases (§§ 667, subds. (b)-(i), 1170.12). The trial court denied defendant's section 1385 motion to dismiss the strike allegation. Sentencing him in both cases, the trial court imposed a state prison term of seven years and four months with 174 days of presentence custody credit (116 actual and 58 conduct).

On appeal, defendant contends it was an abuse of discretion for the trial court to deny his motion to dismiss the strike. In a supplemental brief, he asserts that he is entitled to additional conduct credits pursuant to the Criminal Justice Realignment Act of 2011 (Stats. 2011, ch. 15, § 482, Stats. 2011, ch. 39, § 53, and Stats. 2011, 1st Ex. Sess., ch. 12, § 35; hereafter Realignment Act) as a matter of equal protection under the law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Crimes

On July 3, 2010, at about 10:30 p.m., Butte County Sheriff's deputies went to a Magalia residence looking for Christopher Gamer, a parolee at large. As the deputies entered the driveway, they saw defendant leaning inside the driver's side window of a vehicle. Defendant started running and throwing objects from his left pants pocket after the deputies announced their presence. Defendant then ran in front of a vehicle and fell to the ground. He tried to reach into his pants pocket, but was struck by a deputy who thought he was reaching for a weapon. Defendant stopped resisting and was handcuffed.

Deputies found defendant's wallet, a folding knife, and rolling tobacco in the driveway where defendant threw the items. A plastic baggie containing 12.25 grams of methamphetamine was found underneath the vehicle, about two feet from where defendant was detained. Defendant denied any knowledge of the methamphetamine. His blood later tested positive for methamphetamine.

Defendant was arrested and booked in the Butte County jail. He was charged on July 8, 2010. Defendant was released on his own recognizance on July 28, 2010, and failed to appear in court on January 4, 2011. The trial court then issued a bench warrant the following day. Defendant again failed to appear in court on February 2, 2011.

Sentencing

Defendant was born in February 1980. His criminal career started with an adjudication for burglary (§ 459) and a juvenile wardship in 1992. His wardship continued until it was terminated in October 1998. During that time, defendant sustained two juvenile adjudications for possession of a controlled substance (Health & Saf. Code, § 11377) and one for possession of drug paraphernalia (Health & Saf. Code, § 11364).

Defendant sustained his first adult criminal conviction in September 1998, when he was convicted of assault with a deadly weapon (§ 245, subd. (a)(1)) and sentenced to three years in prison. He was paroled in March 2000, but violated parole in November 2000 and returned to prison. In November 2000, defendant was convicted of felon in possession of a firearm (former § 12021, subd. (a)(1)) and sentenced to a three-year prison term. Defendant sustained two parole violations after being released in June 2002. In February 2004, defendant sustained another felon in possession of a firearm conviction and was sentenced to a six-year prison term. In 2008, defendant was convicted of felony theft or unauthorized use of a vehicle (Veh. Code, § 10851, ...


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