People v. Vasquez CA3

Filed 10/8/24 P. v. Vasquez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C099755

Plaintiff and Respondent, (Super. Ct. No. 14F03259)

v.

JORGE VASQUEZ,

Defendant and Appellant.

Defendant Jorge Vasquez appeals from a postconviction order denying his request for recall and resentencing under Penal Code section 1172.75.1 His appointed counsel asks this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) to determine whether there are any arguable issues on appeal. Vasquez filed a supplemental brief contending that the trial court erred in concluding that he was ineligible for resentencing. We affirm the trial court’s order.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND In November 2016, a jury convicted Vasquez of three counts of lewd and lascivious acts on a child under the age of 14 (§ 288, subd. (a)). He admitted allegations that he had suffered a prior strike conviction (§ 667, subds. (b)-(i)) and had served a prior prison term (§ 667.5, subd. (b)). In January 2017, the trial court sentenced him to an aggregate prison term of 25 years, which included the upper term of eight years doubled to 16 because of the prior strike, two additional terms of four years each (one-third the midterm doubled because of the prior strike), and one year for the prior prison term enhancement. (People v. Vasquez (Apr. 20, 2021, C083816) [nonpub. opn.].) Vasquez appealed, and in a decision issued on April 20, 2021, this court agreed that his one-year prior prison term enhancement was invalid under then-newly enacted Senate Bill No. 136 (2019-2020 Reg. Sess.), “which amended section 667.5, subdivision (b) to limit a prior prison term enhancement to people who have served a sentence for certain sexually violent offenses.” (People v. Vasquez, supra, C083816.) We “modif[ied] the judgment to strike [Vasquez’s] one-year prior prison enhancement imposed pursuant to section 667.5, subdivision (b),” directed the trial court to prepare an amended abstract of judgment reflecting this modification for forwarding to the California Department of Corrections and Rehabilitation (CDCR), and affirmed the judgment as modified. (People v. Vasquez, supra, C083816.) This court declined to remand for resentencing. (Ibid.) On August 23, 2021, the trial court filed an amended abstract. Thereafter, on October 8, 2021, the Governor signed Senate Bill No. 483 (2021- 2022 Reg. Sess.) (Senate Bill No. 483) (Stats. 2021, ch. 728, § 3). Effective January 1, 2022, the enactment added section 1171.1, later renumbered as section 1172.75, which provides: “Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of