People v. Serrano CA3

Filed 12/13/24 P. v. Serrano CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C100086

Plaintiff and Respondent, (Super. Ct. No. 97F03702)

v.

ANDRES MOSQUEDA SERRANO ,

Defendant and Appellant.

Defendant Andres Mosqueda Serrano appeals from a resentencing order made under Penal Code section 1172.75. (Statutory section citations that follow are to the Penal Code unless otherwise set forth.) His appointed counsel asked 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 modify the judgment to strike two unauthorized fees and affirm the judgment as modified.

1

FACTS AND HISTORY OF THE PROCEEDINGS

Conviction and Original Sentencing

In April 1997, defendant and a companion barged into the victim’s apartment and confronted him in his bedroom. A melee ensued and defendant stabbed the victim in the leg and chest with a knife while the victim tried to defend himself with a baseball bat. The victim’s wounds required surgery and a three-day hospital stay. A jury found defendant guilty of assault with a deadly weapon (§ 245, subd. (a)(1)) and found true an allegation that he had been convicted of two prior serious convictions/strikes (§ 667, subds. (a), (b)-(i)). Defendant admitted two prior prison term enhancements. (§ 667.5, former subd. (b).) The trial court sentenced defendant to state prison for 25 years to life for the assault, plus 10 years total consecutive for the two prior serious felony enhancements and one year consecutive for the prior prison term enhancement. The other prior prison term enhancement was stayed. The court also imposed a $10,000 restitution fine (§ 1202.4, subd. (b)); a corresponding $10,000 parole revocation fine (suspended unless parole is revoked) (§ 1202.45); a $156 main jail booking fee (Gov. Code, former § 29550.2); a $32 main jail classification fee (ibid.); and $42,624.01 in victim restitution (§ 1202.4, subd. (f)). The court awarded 596 days of custody credit. This court affirmed the judgment on appeal. (People v. Serrano (Jun. 19, 2000, C030322) [nonpub. opn.].)