People v. Penaflor CA4/3

Filed 1/23/25 P. v. Penaflor 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063817

v. (Super. Ct. No. 09CF1748)

JOSE PENAFLOR, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Andre Manssourian, Judge. Reversed and remanded with directions. Request for judicial notice granted. James M. Crawford, 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, and

Robin Urbanski and Namita Patel, Deputy Attorneys General, for Plaintiff and Respondent. * * * * THE COURT: Defendant Jose Penaflor appeals the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.75, subdivision (a).1 Defendant argues he is entitled to be resentenced on his now invalid section 667.5, subdivision (a) prior prison term enhancements. The Attorney General argues defendant is not entitled to resentencing because the trial court struck the section 667.5 enhancements. We agree with defendant and reverse and remand for resentencing. PROCEDURAL HISTORY In 2010, defendant pleaded guilty to second degree robbery (§§ 211, 212.5, subd. (c); counts 1, 5, 8, 9); unlawful driving or taking of a vehicle (Veh. Code § 10851, subd. (a); count 2); possession of a firearm by a felon (§ 12021, subd. (a)(1); counts 3, 6, 10, 12); street terrorism (§ 186.22, subd. (a); counts 4, 7, 11, 14); and obliterating firearm identification (§ 12090; count 13). Defendant admitted enhancements for personal use of a firearm (§ 12022.53, subd. (b)) within the meaning of sections 1192.7 and 667.5 as to counts 1 and 5. As to counts 1, 2, 3, 5, 6, 8, 9, 10, 12, and 13, defendant admitted to a criminal street gang activity enhancement (§ 186.22, subd. (b)(1)). Defendant admitted four prison priors pursuant to section 667.5, subdivision (b).