People v. Barrera CA2/8

Filed 12/30/24 P. v. Barrera CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B331986

Plaintiff and Respondent, Los Angeles County Super. Ct. No. NA049453 v.

EDWARD BARRERA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Richard M. Goul, Judge. Reversed and remanded. Elizabeth K. Horowitz, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Almost twenty-three years ago, Edward Barrera received a sentence of 38 years to life for a residential burglary. Barrera’s sentence included three one-year prison prior terms, which are no longer valid, and which entitled Barrera to a full resentencing. (See Pen. Code, § 1172.75, subds. (a), (c), (d)(2).) The resentencing court held a hearing but did not apply new sentencing laws to Barrera’s benefit, as required. We therefore remand the matter for resentencing. Statutory references are to the Penal Code. I In 2001, a jury convicted Barrera of one count of first degree residential burglary. As our opinion from Barrera’s direct appeal described it, the crime involved no actual violence: the evidence showed Barrera entered the victims’ house one night through an open kitchen window and left with a purse. Police found him walking down a nearby street shortly thereafter with the purse. While one of the victims heard a noise that night, neither victim encountered Barrera. (See People v. Barrera (Dec. 13, 2002, B157102) [nonpub. opn.] (Barrera).) The trial court held a bench trial on Barrera’s prior convictions. It found two of them amounted to serious felonies and strikes under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12), and also found Barrera had served three prior prison terms. (Barrera, supra, B157102.) The court sentenced Barrera as a third strike offender to 25 years to life on the burglary count, plus the three one-year prison priors under section 667.5, subdivision (b), and two five-year serious felony priors under section 667, subdivision (a)(1). In 2023, a new court recognized Barrera might be entitled to resentencing under section 1172.75. Barrera filed a petition to