What is the effect of a motion of appeal against a sentence for assault with intent to pervert the course of justice?

We agree with defense counsel that a remand for resentencing is appropriate. Our records show the notice of appeal was filed well over five years ago. It appears defendant has been in custody from the date of his arrest in October 2012 until sentencing in May 2013 and thereafter. As defense counsel points out, defendant's in-custody behavior over this unusually long period, informed by a new probation report, would be relevant to the trial court's exercise of discretion about how to structure his sentence. (See People v. Tatlis (1991) 230 Cal.App.3d 1266, 1271-1275.)

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The sentence is vacated and the cause remanded to the trial court to strike the prison term enhancement based on defendant's 2009 convictions, obtain a new probation report, and conduct a new sentencing hearing consistent with this opinion. In all other respects the judgment is affirmed.

/s/_________
Duarte J.

We concur:

/s/_________
Blease, Acting P. J.

/s/_________
Butz, J.

Footnotes:

^1. Further undesignated statutory references are to the Penal Code.

^2. All unspecified dates in this part of the Discussion are to 2013.

^3. People v. Marsden (1970) 2 Cal.3d 118.