People v. Moreno CA4/1

Filed 3/6/25 P. v. Moreno CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083600

Plaintiff and Respondent,

v. (Super. Ct. No. SWF008909)

DINO MORENO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, John D. Molloy, Judge. Reversed and remanded with instructions. Patricia L. Brisbois, 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, Christopher P. Beesley and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION Dino Moreno appeals the trial court’s denial of a full resentencing

hearing under Penal Code1 section 1172.75. Moreno contends the court erred in denying Moreno a full resentencing hearing on the basis that Moreno’s prison priors were imposed and stayed, not imposed and executed. Whether resentencing is required in such cases is presently pending review in the

California Supreme Court.2 Following the weight of published appellate authority, and specifically this court’s prior opinion in Christianson, supra, 97 Cal.App.5th 300, we reverse with instructions to conduct a full resentencing. A. Factual Summary In 2008, a jury convicted Moreno of premeditated attempted murder (§§ 664 & 187, subd. (a)), assault with a semiautomatic firearm (§ 245, subd. (b)), unlawful possession of weapons by a felon (§ 12021, subd. (a)(1)), unlawful possession of an assault weapon (§ 12280, subd. (b)), unlawful possession of ammunition by a felon (§ 12316, subd. (b)(1)), and conspiracy to obstruct justice (§ 182, subd. (a)(5)). In addition, the trial court found true gun use enhancements (§§ 12022.53 & 12022.5, subd. (a)), an out-on-bail enhancement (§ 12022.1), and that Moreno had two prison priors (§ 667.5, subd. (b)), two serious felony priors (§ 667, subd. (a)), and two prior strikes (§ 667, subds. (c), (e)).