People v. Hughes CA5

Filed 10/21/24 P. v. Hughes 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086858 Plaintiff and Respondent, (Super. Ct. No. CRF08-0007045) v.

BERNARD CHARLES HUGHES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Mariposa County. Dale J. Blea, Judge. Bernard Charles Hughes, in pro. per.; and Rachel Varnell, 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, Louis M. Vasquez and Jesica Y. Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Snauffer, J.

Defendant Bernard Charles Hughes was convicted of first degree residential burglary and sentenced to three consecutive 25-year-to-life terms, plus 10 years for having two prior serious felony convictions and three years for serving three prior prison terms. In 2022, defendant filed a petition for resentencing pursuant to Penal Code1 section 1172.75.2 At the resentencing hearing, the trial court struck the three one-year prior prison term enhancements but did not conduct a full resentencing hearing. Defendant argues that the trial court erred by not conducting a full resentencing, and the People agree. The matter will be remanded for a full resentencing hearing in compliance with section 1172.75.

PROCEDURAL BACKGROUND On May 28, 2010, a jury convicted defendant of first degree residential burglary (§ 459; count I), possession of a firearm by a felon (former § 12021, subd. (a)(1); counts II, V), possession of ammunition by a felon (former § 12316, subd. (b)(1); count III), receiving stolen property (§ 496, subd. (a); count IV), and falsifying a license plate (former § 4463, subd. (a)(1); count VII). After defendant waived his right to a jury trial as to the prior conviction allegations, the trial court held a bifurcated court trial and found true the allegations that defendant had been convicted of two prior “strike” convictions within the meaning of the “Three Strikes” law (currently codified at §§ 667, subds. (b)– (i), 1170.12, subds. (a)–(d)), convicted of two prior serious felony convictions (§ 667, subd. (a)(1)), and sentenced to three prior prison terms (former § 667.5, subd. (b)). The trial court sentenced defendant on December 17, 2010, to an aggregate prison term of 75 years to life (counts I, V, VII), plus five years for each prior serious felony