People v. Alonso CA2/8

Filed 12/2/24 P. v. Alonso CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B330510

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA155399-01) v.

VICTOR ALONSO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Laura R. Walton, Judge. Affirmed and remanded with directions. Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Seth P. McCutcheon and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________

INTRODUCTION Victor Alonso appeals from his judgment of conviction of, among other offenses, two counts of attempted murder of a peace officer (Pen. Code1 §§ 664, 187) and one count of second degree robbery (§ 211), with multiple firearm enhancements (§§ 12022.5, subd. (a), 12022.53, subds. (b), (c)). At sentencing, the trial court imposed a 20-year term on one of the firearm enhancements, and stayed all other enhancements under section 654. On appeal, Alonso contends, and the Attorney General concedes, that the trial court erred in staying the remaining firearm enhancements because it was required to either strike them, or to impose and stay them. We agree the matter must be remanded for the trial court to decide whether to exercise its discretion to strike any of the firearm enhancements, and if it declines to do so, to properly impose and stay the enhancements in accordance with section 12022.53, subdivision (f). We accordingly affirm the judgment of conviction and remand for resentencing. FACTUAL AND PROCEDURAL BACKGROUND I. Evidence at trial On August 30, 2021, Anthony Viramontes met with Alonso and another man, Christian Anthony Jaimes Lopez, to sell them jewelry valued at approximately $20,000. Alonso and Lopez arrived together in a Dodge Ram truck. After exiting the vehicle, Alonso approached Viramontes, pulled a firearm from his waistband, and said, “Give it to me or I’ll put you down.” While Viramontes handed the jewelry to Alonso, Lopez took