People v. White CA1/4

Filed 6/18/25 P. v. White CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, A170039, A170506 v. (Solano County BOBBY LEE WHITE, JR., Super. Ct. Nos. F2300556, Defendant and Appellant. FCR367586, FCR365196) In these two appeals, Bobby Lee White seeks review of his four-year prison term on multiple felony convictions. The sentence was imposed in a consolidated sentencing proceeding on convictions in three cases, the first two of which were resolved by plea, and the third by jury trial. The jury trial occurred on charges that were filed against White after he had been placed on probation for charges in the first case. Prior to the trial, the prosecutor offered White a plea agreement calling for two years in prison in the first two cases and an additional concurrent term on the charges in the third case. White rejected the offer. To ensure that White understood the potential consequences of his decision to reject the prosecutor’s offer, the trial court indicated it had already decided to impose a sentence of two years on the first and second 1 cases; whether he won or lost at trial, the court advised White, his sentence would be two years, but the sentence would be longer than two years if he lost. After the jury returned a conviction in the third case, the court sentenced White to a four-year term, comprising 16 months on the charges in the first two cases plus a consecutive term of two years eight months on the charges in the third case. The record shows that, at sentencing, the court weighed mitigating circumstances against aggravating circumstances and chose the lower triad term of two years for the principal count in the third case, but exercised its discretion to run some of the terms imposed in the other cases consecutively to the term imposed in the third case. In two consolidated appeals, White seeks review of the sentence. The sole issue raised is a claim of retaliatory sentencing. White contends that, in imposing a four-year prison sentence, the trial court violated his due process rights by punishing him for electing to exercise his right to a jury trial. We disagree and will affirm. I. BACKGROUND On August 30, 2022, the Solano County District Attorney filed a complaint in case No. FCR365196 charging White with unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a), count 1); misdemeanor driving under the influence (Veh. Code, § 23152, subd. (a), count 2); driving while having 0.08 percent or higher blood alcohol (Veh. Code, § 23152, subd. (b), count 3); misdemeanor driving without a license (Veh. Code, § 12500, subd. (a), count 4); and misdemeanor hit and run resulting in property damage (Veh. Code, § 20002, subd. (a), count 5). On September 8, 2022, White pleaded no contest to the first and second counts. White was released on a Cruz waiver.1 The remaining 1 People v. Cruz (1988) 44 Cal.3d 1247 (Cruz). 2 counts were dismissed. On November 28, 2022, the court placed White on probation for two years with various terms and conditions, including abstaining from alcohol and illegal drugs. On March 14, 2023, the Solano County District Attorney filed an information in case No. FCR367586 charging White with receiving stolen property (Pen. Code, § 496, subd. (a), count 1). White’s probation was revoked following his arrest. The district attorney also alleged prior felony convictions pursuant to Penal Code section 1203, subdivision (e)(4) and various aggravating factors relating to White’s probation violations. On April 27, 2023, White pleaded no contest to the charge in case No. FCR367586. White also admitted violating the terms of his post release community supervision in another case, No. FCR367587, and violating his probation in No. FCR365196. The plea agreement contemplated that, at sentencing, White would be placed on two years of formal probation, and he was again released on a Cruz waiver. White failed to appear for sentencing in case Nos. FCR367586 and FCR365196. Before he could be sentenced, White was arrested and later charged in case No. F2300556 with dr