P. v. Brents CA4/3

Filed 7/15/13 P. v. Brents 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G047287

v. (Super. Ct. No. 96NF2113)

GARY GALEN BRENTS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Thomas M. Goethals, Judge. Affirmed as modified. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Kelley Johnson, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Gary Galen Brents’ sole contention on appeal is the trial court violated double jeopardy by increasing the amount of the restitution and parole revocation fines upon resentencing. The Attorney General concedes he is correct. We agree, modify the judgment accordingly, and affirm the judgment in all other respects.

FACTUAL BACKGROUND

A detailed statement of the facts of the underlying crimes is not relevant to the issue presented by this appeal. The following brief statement of facts is taken from People v. Brents (2012) 53 Cal.4th 599 (Brents). In 1995, defendant argued with Kelly Gordon over $100 in proceeds from a methamphetamine sale. Defendant tried to suffocate Gordon, and also choked her. Then he placed Gordon in the trunk of a borrowed car, drove her to a remote location, poured gasoline on her and on the outside of the trunk, and lit the gasoline on fire. Gordon burned to death, trapped in the trunk.