People v. Gilmartinez CA5

Filed 2/21/25 P. v. Gilmartinez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087826 Plaintiff and Respondent, (Super. Ct. No. PCF412169) v.

ANGEL ROGER GILMARTINEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Robert Anthony Fultz, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Louis M. Vasquez, Lewis A. Martinez, and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Smith, Acting P. J., Meehan, J. and Snauffer, J.

Defendant Angel Roger Gilmartinez contends on appeal that his sentence must be vacated and the matter remanded for resentencing in conformity with the plea agreement because the trial court’s oral pronouncement of a sentence for a Penal Code section 12022.1 offense was incorrect and in violation of the plea agreement. We vacate defendant’s sentence and remand for resentencing in conformity with the plea agreement. In all other respects, the judgment is affirmed. PROCEDURAL SUMMARY On September 7, 2023, following an order consolidating case Nos. PCF412169, PCF424734, and PCF425310 together under case No. PCF412169, the Tulare County District Attorney filed a first amended information charging defendant with domestic violence upon E.R. within seven years of a prior domestic violence conviction1 (Pen. Code, § 273.5, subd. (f); count 1)2; two counts of child abuse under circumstances likely to cause great bodily injury (§ 273a, subd. (a); counts 2 & 3); driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count 4); four counts of making criminal threats (§ 422, subd. (a); counts 5, 6, 14, & 15); attempted first degree residential burglary (§§ 664/459; count 7); contempt of court (§ 166, subd. (c)(1); count 8); false imprisonment of a hostage (§ 210.5; count 9); false imprisonment by violence (§ 236; count 10); willfully inflicting corporal injury resulting in a traumatic condition upon E.R. (§ 273.5, subd. (a); count 11); assault with a firearm (§ 245, subd. (a)(2); count 12); dissuading a witness (§ 136.1, subd. (b)(1); count 13); possession of a firearm by a felon (§ 29800, subd. (a)(1); count 16); unlawful possession of ammunition (§ 30305, subd. (a)(1); count 17); misdemeanor domestic violence (§ 243, subd. (e)(1); count 18); and four counts of misdemeanor child abuse (§ 273a, subd. (b); counts 19–22). As to