People v. Garibaldi CA2/4

Filed 2/19/25 P. v. Garibaldi CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B331863

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA157932 v.

MIGUEL GARIBALDI,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hector E. Gutierrez, Judge. Affirmed. William G. Holzer, 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, Senior Assistant Attorney General, Jason Tran and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

Because the issue presented in this appeal is narrow and straightforward, and because we are not publishing this opinion, we resolve this case by memorandum opinion. (See Cal. Stds. Jud. Admin., § 8.1.) We reject defendant and appellant Miguel Garibaldi’s argument that his sentence violated Penal Code section 654.1

FACTUAL AND PROCEDURAL BACKGROUND

A jury convicted Garibaldi of second-degree robbery (§ 211; count one) and possession of a firearm with a prior violent felony conviction (§ 29900, subd. (a)(1); count two). On the robbery count, the jury found true the allegation that Garibaldi personally used a firearm in the commission of the offense. (§ 12022.5, subd. (a).) In a bifurcated proceeding, Garibaldi admitted he sustained the prior conviction alleged related to count two, and the trial court found various aggravating sentencing factors true. The court sentenced Garibaldi to nine years and eight months in state prison, consisting of a five-year upper term on count one, plus a four-year firearm enhancement on that count, and an eight-month consecutive term on count two.2 Garibaldi timely appealed. The facts underlying Garibaldi’s convictions are as follows. Mohammad Wali Ullah owned a market in Carson, and worked there on July 7, 2022. Around 2:00 p.m. that day, Ullah was standing at the market’s front door when he saw a man, whom he