People v. Buenrostro CA4/3

Filed 3/6/25 P. v. Buenrostro 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G062680

v. (Super. Ct. No. 18CF0617)

VICTOR BUENROSTRO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Patrick H. Donahue, Judge. Affirmed. Steven A. Torres, 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, Daniel Rogers and Vincent P. LaPietra, Deputy Attorneys General, for Plaintiff and Respondent.

* * * After Victor Buenrostro was convicted of various crimes, he was sentenced to 28 years in prison. Subsequently, his sentence was reversed and the matter remanded for a new sentencing hearing. He was resentenced to a total term of 22 years in prison. Buenrostro appealed, raising three sentencing issues. As discussed below, we find no sentencing error and affirm. STATEMENT OF THE CASE On May 22, 2019, a jury found Buenrostro guilty of attempted second degree robbery (Count 2 of the information), possession of a firearm within 1,000 feet of a school (Count 3), possession of a firearm by a felon (Count 4), and assault with a firearm (Count 6). As to Count 2, the jury found Buenrostro personally and intentionally discharged a firearm causing great bodily injury (GBI). As to Count 6, it found he personally used a firearm and personally inflicted GBI. In a bifurcated proceeding, the trial court found that Buenrostro had suffered a prior strike conviction for which he served a term in prison. The trial court sentenced Buenrostro to a total of 28 years in prison. This court affirmed the judgment in full. (See People v. Buenrostro (Sept. 14, 2021, G058813) [nonpub. opn.].) The California Supreme Court, however, granted review and transferred the matter back to this court to reconsider the sentence in light of newly enacted sentencing legislation. Subsequently, this court reversed the sentence and remanded the matter for a new sentencing hearing. (See People v. Buenrostro (Mar. 16, 2022, G058813) [nonpub. opn.].) On remand, the trial court sentenced Buenrostro to a total term of 22 years in state prison. The court selected Count 6 as the primary term,