People v. Cardoza CA3

Filed 9/13/24 P. v. Cardoza CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C099281

Plaintiff and Respondent, (Super. Ct. No. 07F011523)

v.

LAWRENCE PEPPY CARDOZA,

Defendant and Appellant.

A Sacramento County jury found defendant Lawrence Peppy Cardoza guilty of three felonies and two misdemeanors in 2009. Cardoza was subsequently convicted in four cases from three other counties. In 2023, Cardoza filed a motion for resentencing in the Sacramento County case. At resentencing, the Sacramento County trial court sentenced Cardoza to an aggregate term of 24 years eight months for all five cases. In doing so, the court modified and increased the terms in two cases from other counties.

1

On appeal, Cardoza argues the trial court was not authorized to change the terms of the sentence in two cases from other counties and argues that a full resentencing should occur. The People concede the error but assert this court should modify the unauthorized sentences to the originally imposed sentences. We will vacate the sentence and remand for resentencing. BACKGROUND A. Sacramento County Case No. 07F011523 In 2009, a jury found Cardoza guilty of assault with a deadly weapon on a peace officer (Pen. Code,1 § 245, subd. (c)), evading a peace officer while driving recklessly (Veh. Code, § 2800.2, subd. (a)), driving against traffic while evading a peace officer (Veh. Code, § 2800.4), misdemeanor hit and run (Veh. Code, § 20002, subd. (a)), and misdemeanor driving under the influence (Veh. Code, § 23152, subd. (a)). During bifurcated proceedings, the trial court found true the allegation that Cardoza was previously convicted of a serious felony (§ 667, subd. (a)) and a strike (§§ 667, subds. (b)-(i), 1170.12) in 1999. The court also found true the allegation that Cardoza served two prior prison terms (§ 667.5, former subd. (b)), one in 2002 and one in 2005. The trial court sentenced Cardoza to an aggregate term of 18 years four months, comprised of the upper term of five years, doubled to 10 years for the prior strike, for assault with a deadly weapon on a peace officer; a consecutive eight months (one-third the midterm), doubled to 16 months for the prior strike, for evading a police officer while driving recklessly; concurrent sentences of 15 days each for hit and run and driving under the influence; an additional five years for the prior serious felony conviction enhancement; and two years for two prior prison term enhancements. Pursuant to section