People v. Vasquez CA5

Filed 9/17/24 P. v. Vasquez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087460 Plaintiff and Respondent, (Super. Ct. No. 22CMS2802) v.

JAIRO JAVIER VASQUEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Kathy Ciuffini, Judge. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

Defendant Jairo Javier Vasquez (defendant) contends on appeal that his sentence must be reversed and remanded for resentencing because the trial court abused its discretion when it imposed on-bail enhancements on counts 1 and 2. The People agree, as do we, that the court abused its discretion when it imposed on-bail enhancements on both of those counts. We strike the on-bail enhancement (Pen. Code, §12022.1)1 on count 2. In all other respects, the sentence is affirmed. PROCEDURAL SUMMARY On October 17, 2022, the Kings County District Attorney filed a second amended information, charging defendant with two counts of felony possession of a completed check exceeding $950 in value (§ 475, subd. (c); counts 1 & 2); two counts of misdemeanor possession of personal identifying information of another person (§ 530.5, subd. (c)(1); counts 3 & 4); misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 5); and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a); count 6). As to counts 1 and 2, it was further alleged defendant committed the offenses while on bail or own recognizance in case No. 19CMS2874 (§ 12022.1) and that he suffered a prior strike (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On October 18, 2022, the trial court granted the defense’s motion to dismiss count 5 for insufficient evidence under section 1118. On October 19, 2022, the jury found defendant guilty of counts 1 through 4, and 6. The trial court found true the allegation that defendant committed the offense while on bail/own recognizance and that he suffered one prior strike conviction. On December 14, 2023, the trial court sentenced defendant to a total term of seven years four months, as follows: on count 1, four years (the mid-term, doubled pursuant to the prior strike), plus two years for the section 12022.1 enhancement; on