People v. Briceno CA4/3

Filed 1/30/25 P. v. Briceno 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063559

v. (Super. Ct. No. 00NF3394)

ALBERT FRANCISCO BRICENO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Remanded with directions. Steven S. Lubliner, 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 Ksenia Gracheva, Deputy Attorneys General, for Plaintiff and Respondent. * * * * THE COURT: Defendant Albert Francisco Briceno 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 (a) 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 2001, a jury convicted defendant of four counts of second degree robbery (§§ 211, 212.5, subd. (c), 213, subd. (a)(2); counts 1–4) and four counts of street terrorism (§ 186.22, subd. (a); counts 5–8). The jury found true the allegation that counts 1–4 were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The trial court found true the allegations that defendant had two serious felony prior convictions (§§ 667, subd. (d), (e)(2), 1170.12, subd. (b), (c)(2)) and had served a prior prison term (§ 667.5, subd. (b)).