People v. Trujillo CA5

Filed 7/19/24 P. v. Trujillo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087083 Plaintiff and Respondent, (Super. Ct. No. 4006912) v.

RENE PRECIADO TRUJILLO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Linda A. McFadden, Judge. Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Peña, J. and Meehan, J.

INTRODUCTION This opinion constitutes our second time addressing this matter. In our first opinion, we directed the trial court to resentence defendant Rene Preciado Trujillo, but affirmed in all other respects. (People v. Trujillo (May 15, 2023, F084084) [nonpub. opn.].) This second appeal concerns the resentencing hearing that took place in October 2023. Defendant’s appointed appellate counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We informed defendant of his right to file a supplemental brief within 30 days, but defendant elected not to do so. After independently reviewing the record, we affirm. FACTUAL BACKGROUND Defendant threatened and kidnapped a young woman he happened upon while she was sitting in her car in the early morning hours of March 31, 2018. He forced her to drive her car to a dark alley, directed her to park the car and assaulted her. Defendant then forced the victim into the passenger seat and started driving her car around. After several hours and another physical assault by defendant, the victim was able to escape when the car ran out of gas. Law enforcement was summoned, defendant was apprehended shortly thereafter, and the victim was taken to the hospital.1 After a trial by jury, defendant was convicted of kidnapping during a carjacking (Pen. Code § 209.5, subd. (a); count II);2 kidnapping with intent to commit sexual penetration (§ 209, subd. (b)(1); count III); assault with intent to commit sexual penetration by force, copulation by force, or rape by force (§ 220, subd. (a)(1); count IV);