People v. Tesfazghi CA3

Filed 3/3/25 P. v. Tesfazghi CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C099961

Plaintiff and Respondent, (Super. Ct. No. CM040151)

v.

YONATAN ISAAK TESFAZGHI,

Defendant and Appellant.

A jury found defendant Yonatan Isaak Tesfazghi guilty of murder, attempted robbery, burglary, and shooting at an occupied dwelling. The jury found true a principal was armed with a firearm, defendant personally used a firearm, and defendant personally and intentionally discharged a firearm. The trial court sentenced defendant to an indeterminate term of 15 years to life, plus a determinate term of 24 years six months in prison. On appeal, a different panel of this court struck the murder conviction and remanded the matter for resentencing. While the trial court reduced the upper-term sentences it previously imposed to the middle term, it declined to reduce the sentence for

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the enhancement due to the nature of the crime. On appeal, defendant argues that the court erred in the analysis it used in reaching this decision. We agree. Accordingly, we reverse the sentence and remand the matter for resentencing. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with murder, attempted home invasion robbery, burglary, and shooting at an inhabited dwelling. As to the charges for murder, robbery, and burglary, the information also alleged enhancements that a principal was armed with a firearm, defendant personally used a firearm, and defendant personally and intentionally discharged a firearm. (Pen. Code,1 §§ 12022, subd. (a)(1), 12022.5, subd. (a), 12022.53, subd. (c).) We, like the parties, take the relevant facts of this crime from our prior opinion. (People v. Tesfazghi (June 30, 2022, C086993) [nonpub. opn.].) Defendant and others attempted to rob the home of a family where cannabis was grown. During the attempt, one of the victims of the robbery shot and killed one of the robbers inside the home. The robbers intended to steal 200 pounds of cannabis and some guns. After he shot one of the robbers, the robbery victim heard several gunshots from the kitchen and sounds of the robbers retreating. Defendant was the only robber who had a gun besides the decedent. In 2017, the jury found defendant guilty of murder, attempted home invasion robbery, burglary, and shooting at an inhabited dwelling. It also found the enhancements true as to each count. In 2018, the trial court struck the section 12022.53, subdivision (c) enhancement as to the burglary charge. The trial court imposed an indeterminate 15-year-to-life sentence, plus a determinate sentence of 24 years six months in prison. This sentence included upper-term sentences for the attempted home invasion robbery, a concurrent upper-term sentence for the burglary, and a concurrent upper-term sentence for shooting