People v. Fuentes CA4/3

Filed 1/10/25 P. v. Fuentes CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063648

v. (Super. Ct. No. 15CF2362)

JOHNNY MANUEL FUENTES, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Reversed and remanded with directions. Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette

C. Cavalier and Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent. * * * * THE COURT: Defendant Johnny Manuel Fuentes appeals the trial court’s denial of his petition to recall his sentence and resentence him, pursuant to Penal Code section 1172.75.1 Defendant argues he is entitled to be resentenced on his now invalid section 667.5, subdivision (b) prior prison term enhancement. The Attorney General argues defendant is not entitled to resentencing because the trial court struck the section 667.5 enhancement. We agree with defendant and reverse and remand for resentencing. PROCEDURAL HISTORY In 2017, defendant pleaded guilty to second degree robbery (§ 211/212.5, subd. (c); count 1) and gang-related vandalism in an amount under $400 (§§ 186.22, subd. (d), 594, subds. (a), (b)(2)(A); count 2). Defendant admitted prior serious felony (§ 667, subd. (a)(1)), personal use of a deadly weapon (§ 12022, subd. (b)), gang (§ 186.22, subd. (b)(1)), and prior prison term (§ 667, subd. (b)) allegations.