People v. Castaneda CA2/6

Filed 7/31/24 P. v. Castaneda CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B328980 (Super. Ct. No. SM105182) Plaintiff and Appellant, (Santa Barbara County)

v.

JAIME JULIAN CASTANEDA,

Defendant and Respondent.

Jaime Julian Castaneda appeals an order denying his petition for recall and resentencing filed pursuant to Penal Code section 1172.75.1 We conclude that the trial court did not err by denying the recall and resentencing petition because Castaneda’s prior prison term enhancements had been struck, not stayed, by the 1998 sentencing court. We affirm. This appeal concerns Castaneda’s 1998 conviction of burglary with findings that he served four one-year prior prison term enhancements pursuant to former section 667.5, subdivision

1 All statutory references are to the Penal Code.

(b). The question here is whether the 1998 sentencing court struck or stayed the four one-year enhancements. Castaneda contends that the sentencing court stayed the four enhancements and he is now entitled to a full resentencing pursuant to section 1172.75. We reject his contention based upon our review of the oral pronouncement of judgment by the sentencing court. FACTUAL AND PROCEDURAL HISTORY In 1998, Castaneda was convicted of burglary (count 1) and petty theft with a prior theft conviction (count 3), with findings that he suffered four prior serious felony and strike convictions, and served four prior prison terms. (§§ 459, 666, 484, 667, subd. (a), subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) On February 11, 1998, the trial court imposed a third-strike sentence of 25 years to life for count 1, and an additional five years for each of the four prior serious felony convictions pursuant to section 667, subdivision (a). The total sentence was 45 years to life. At sentencing, the trial judge stated: “As to the five [sic] [prison] priors, I’m going to strike them – one year each – actually there is only two, because there is a 654 problem there as well. I’m going to impose them and strike them.” Minute Order and Abstract of Judgment The trial court’s minute order summarizing sentencing regarding the one-year prior prison term enhancements stated: “Defendant sentenced to State Prison for the term of one year for each prior on the allegations alleged pursuant to 667.5(b) PC on Count 1 of the Information for a total of 4 years, said sentence[] stayed pursuant to Section 654 PC.” The abstract of judgment showed the initial “S” next to each of the section 667.5, subdivision (b) enhancements.