People v. Mendoza CA3

Filed 11/20/24 P. v. Mendoza CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C099439

Plaintiff and Respondent, (Super. Ct. No. 21FE000350)

v.

JAROM MENDOZA,

Defendant and Appellant.

Appointed counsel for defendant Jarom Mendoza asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We ordered supplemental briefing to address whether the aggravating circumstances relied on by the trial court at sentencing were found in accordance with Penal Code section 1170,1 subdivision (b). We now conclude that the

1 Undesignated statutory references are to the Penal Code.

1

aggravating circumstances were not properly found. Because this error was not harmless beyond a reasonable doubt, we vacate defendant’s sentence and remand for further litigation of the aggravating circumstances and resentencing. BACKGROUND On January 3, 2021, Charles Kossow, Alexandria Kraft, and a third person introduced as Jarom went to the victim’s home to perform yard work. The victim was 63 years old at the time. At some point, Kossow entered the victim’s home and asked if one of them could use the bathroom. Kraft and Jarom then entered the victim’s home, at which point Kossow started pummeling the victim. When the victim tried to get up, Kraft struck him with a cane, and Jarom also hit him. Together they took the victim to the ground and Kossow tied up the victim’s legs. They repeatedly asked him “Where’s the money?” The victim gave them the keys to his safe and Kossow dragged him to the bedroom. At some point, the victim was able to grab his gun but Kossow, Kraft, and Jarom pounded on his hands to get him to drop it. Kraft stabbed the victim in the hand three times with a broken piece of the cane. The three assailants grabbed cash, an antique watch collection, the victim’s wallet, the gun, a laptop, and a cell phone before leaving. The People charged defendant with robbery in concert (§ 211, 213, subd. (a)(1)(A)) and first degree residential burglary (§ 459). The amended information alleged prior strike convictions; that the charged offenses were committed while defendant was released from custody on a prior offense (§ 12022.1); and that a person other than an accomplice was present during the commission of the burglary (§ 667.5, subd. (c)(21)). Regarding aggravating circumstances, the amended information alleged that: (1) the crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness (Cal. Rules of Court,