People v. Bocanegra CA3

Filed 11/4/24 P. v. Bocanegra CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C099629

Plaintiff and Respondent, (Super. Ct. No. MANCRFE20200000637) v.

ALEX ANDY BOCANEGRA,

Defendant and Appellant.

A jury convicted defendant Alex Andy Bocanegra of assault with a firearm (Pen. Code, § 245, subd. (a)(2)),1 possession of an assault weapon (§ 30605, subd. (a)), discharging a firearm in a grossly negligent manner (§ 246.3, subd. (a)), and causing a concealed firearm to be carried in a vehicle while an occupant (§ 25400, subd. (a)(3)). (People v. Bocanegra (2023) 90 Cal.App.5th 1236, 1239-1240, 1243 (Bocanegra).) The

1 Undesignated statutory references are to the Penal Code.

1

jury further found true the allegation that Bocanegra had personally used a firearm in commission of the assault (§ 12022.5, subd. (a)). (Bocanegra, at p. 1243.) The trial court sentenced him to an aggregate prison term of seven years eight months, including a count stayed pursuant to section 654. (Bocanegra, at p. 1243 & fn. 2.) We affirmed Bocanegra’s convictions but vacated his sentence and remanded to allow the trial court to resentence him in light of changes made to the trial court’s sentencing discretion under section 654. (Bocanegra, at pp. 1239, 1257.) On remand, the trial court reimposed an aggregate prison sentence of seven years eight months. However, the trial court failed to update Bocanegra’s custody credits award and did not issue an amended abstract of judgment. Bocanegra appealed in October 2023, challenging these failures. His opening brief was filed in July 2024, and this case became fully briefed on August 7, 2024. The People agree, as do we, that remand with directions for the trial court to perform these tasks is required. We will also direct the trial court to amend the resentencing minute order and will otherwise affirm. DISCUSSION Pursuant to section 1213, subdivision (a), when a defendant is sentenced to prison, the trial court is tasked with preparing an abstract of judgment and furnishing a certified copy of that document to the Department of Corrections and Rehabilitation. “Under this statute, ‘the certified abstract of the judgment constitutes the commitment. [Citations.] It is thus the order sending the defendant to prison and “the process and authority for carrying the judgment and sentence into effect.” ’ ” (People v. Mitchel (2001) 26 Cal.4th 181, 185 (Mitchel).) Here, we vacated Bocanegra’s previous sentence (Bocanegra, supra, 90 Cal.App.5th at p. 1257), and the trial court resentenced him on September 18, 2023, to an aggregate prison term of seven years eight months. However, according to a declaration from a clerk with the San Joaquin County Superior Court, no amended abstract of judgment was prepared. We agree with the parties that this document must be generated