People v. Reyes CA3

Filed 9/17/24 P. v. Reyes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C099596

Plaintiff and Respondent, (Super. Ct. No. CR20191808)

v.

JESUS REYES,

Defendant and Appellant.

A jury found defendant Jesus Reyes guilty of corporal injury on a spouse or person in a dating relationship, false imprisonment by force or violence, and dissuading a witness. After finding true a prior serious felony enhancement and a prior strike allegation, the trial court sentenced Reyes to the upper term on the corporal injury conviction and imposed an aggregate sentence of 18 years four months in prison. This court affirmed the convictions but remanded for resentencing in light of then- new legislation, Senate Bill No. 567, which limited trial courts’ ability to select the upper term. On remand, the trial court resentenced Reyes to 12 years four months in prison.

1

On appeal, Reyes contends that the trial court abused its discretion in not further reducing his sentence under section 1385 by striking his prior strike conviction or by dismissing the prior serious felony enhancement. We affirm. BACKGROUND Reyes and the victim were in a dating relationship. (People v. Reyes (July 15, 2022, C092515) [nonpub. opn.].)1 While sitting in a car, he repeatedly punched the victim in the head, head-butted her, pulled her hair, and screamed at her. (Ibid.) Two witnesses told Reyes to stop, but he yelled at them to mind their own business and not tell anyone about the incident, using racist language toward one of the witnesses who was wearing a head scarf. (Ibid.) When the victim tried to get out of the car, Reyes pulled her back in and drove off. (Ibid.) In January 2020, a jury found Reyes guilty of inflicting a corporal injury on a spouse or person in a dating relationship (Pen. Code, § 273.5, subd. (a); count one), false imprisonment with force or violence (§§ 236, 237, subd. (a); count two), and two counts of dissuading a witness (§ 136.1, subd. (b)(1); counts three and four) as lesser-included offenses of witness dissuasion by threat (§ 136.1, subd. (c)(1)).2 (People v. Reyes, supra, C092515.) The trial court found true an allegation that he had a prior serious felony conviction, which was also a strike. (Ibid.) In July 2020, the trial court sentenced Reyes to 18 years four months in prison, which included the upper term of four years for the corporal injury offense, doubled to eight years for the strike prior (§ 667, subd. (e)(1)); a consecutive term of eight months (one-third the midterm) doubled to 16 months for false imprisonment; a consecutive full middle term of two years, doubled, for one witness dissuasion count; and a concurrent