People v. Bravo CA4/1

Filed 1/10/25 P. v. Bravo CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083667

Plaintiff and Respondent,

v. (Super. Ct. No. SCN236437)

HECTOR JAVIER BRAVO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Affirmed.

Hector Javier Bravo, in pro. per.; and Richard Jay Moller under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2008, a jury convicted Hector Javier Bravo of carjacking (Pen.

Code,1 § 215, subd. (a); count 2), assault with a deadly weapon or force likely to cause great bodily injury (§ 245, subd. (a)(1); count 3), and auto theft (Veh.

1 Statutory references are to the Penal Code unless otherwise specified.

Code, § 10851, subd. (a); count 4).2 The jury also found true numerous enhancements. During a separate proceeding, the court found true that Bravo suffered a strike prior (§§ 667, subd. (b)−(i), 1170.12 & 668), a serious felony prior (§§ 667, subd. (a)(1), 668 & 1192.7, subd. (a)), and four prison priors (§§ 667.5, subd. (b) & 668). The court sentenced Bravo to the upper term of nine years on count 2, doubled to 18 years because of the strike prior; stayed terms on counts 3 and 4; imposed consecutive three-year terms for enhancements under sections 12022.7, subdivision (a) and 12022, subdivision (b)(2); imposed a consecutive five-year term for the serious felony prior; and imposed one- year terms for each of three prison priors. The court stayed the fourth prison prior term, making the total sentence 32 years. In 2023, the court ordered the appointment of counsel after the California Department of Corrections and Rehabilitation identified Bravo as a person currently serving a prison term that included at least one now- invalid prison prior enhancement. This made him eligible for resentencing under section 1172.75. Through counsel, Bravo requested that the court strike the four prison priors as well as his five-year serious felony prior from 1998, which he suffered at age 23. The court struck the four prison priors but declined to strike the serious felony prior, finding “that should Mr. Bravo be release any earlier, the Court has no doubt it could result in physical injury or serious danger to others.” It reduced the sentence for the section 12022, subdivision (b)(2) enhancement to the midterm of two years and resentenced him to a total term of 28 years in state prison.