People v. Lassa CA5

Filed 11/13/24 P. v. Lassa 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086971 Plaintiff and Respondent, (Super. Ct. No. CRF62978) v.

AUSTIN MICHAEL LASSA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Martin Baker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Detjen, J. and Snauffer, J.

APPEALABILITY Appellant Austin Michael Lassa timely appeals from a final judgment imposed following a resentencing hearing. (Pen. Code,1 § 1237, subd. (a); cf. Teal v. Superior Court (2014) 60 Cal.4th 595, 600–601.) FACTUAL AND PROCEDURAL BACKGROUND The facts of the underlying offenses for which Lassa was convicted are not at issue here, but the full details may be found in our prior opinion. (People v. Lassa (Jan. 30, 2023, F082168) [nonpub. opn.].) Suffice it to say that from October 2019 to April 2020, seven inhabited residences and one detached residential garage were burglarized in the semi–rural Crystal Falls neighborhood in the Sierra foothills outside the town of Sonora. A wide variety and substantial amount of property was taken in these burglaries, some of which was later found in Lassa’s possession. Not so coincidentally, as it turned out, Lassa lived with his mother in the middle of the same small neighborhood community during the period in question. A jury convicted Lassa of seven counts of first–degree residential burglary (§§ 459, 460, subd. (a)); one count of the second degree burglary of a detached garage (§§ 459, 460, subd. (b)); one count of possession of stolen property valued at more than $950 (§ 496, subd. (a)); and one misdemeanor count of possessing burglary tools (§ 466). The trial court sentenced Lassa to a term of 15 years 4 months: An upper term of six years on the first of the residential burglaries, plus consecutive 16–month sentences (one–third the middle term) on counts 2, 3, 5, 6, 8, and 9; a consecutive eight months (one–third the middle term) on the second degree garage burglary in count 7; a concurrent three years (the upper term) on the receiving stolen property charge in count 10; and a six–month concurrent sentence on the misdemeanor burglary tools