People v. Grzymski
Annotate this CaseIn 2013, Grzymski pleaded guilty to possession of heroin for sale and admitted to two sentencing enhancements under Health and Safety Code section 11370.2 based on previous convictions for drug-related crimes. The court imposed a “split sentence” of 10 years: part would be served in county jail and the remainder would be served on mandatory supervision. Grzymski repeatedly violated the terms of his mandatory supervision. In a 2015 prosecution, he admitted to transportation of methamphetamine and two additional section 11370.2 sentencing enhancements. The court imposed a 10-year split sentence to run concurrent to the 2013 sentence. A third prosecution led to a 2017 order; the court sentenced him to 16 months in prison on weapons-related offenses, terminated mandatory supervision in the first two cases, and ordered that he serve the balance of the split sentences in prison. Senate Bill 180, enacted in 2017, went into effect on January 1, 2018, limiting the reach of section 11370.2 by authorizing sentencing enhancements only for convictions that, unlike Grzymski’s, involved using a minor to commit drug-related crimes. Bill 180 applies to judgments that were not final when it took effect. The court of appeal affirmed, holding that an unappealed split sentence is final 60 days after it is imposed. Because Grzymski did not appeal the split sentences, they have been final for years and he is not entitled to relief.
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