People v. Camacho CA2/6

Filed 3/19/25 P. v. Camacho CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B336208 (Super. Ct. No. BA432355) Plaintiff and Respondent, (Los Angeles County)

v.

RAFAEL CAMACHO,

Defendant and Appellant.

Rafael Camacho appeals the trial court’s judgment following a recall and resentencing hearing to strike a now- invalid prior prison term enhancement. (Pen. Code,1 §§ 1172.75, 667.5, subd. (b).) We reject Camacho’s claim that the court abused its discretion by finding that a lesser sentence would endanger public safety and affirm. (§ 1172.75, subd. (d)(1); People v. Garcia (2024) 101 Cal.App.5th 848, 856.) This appeal concerns Camacho’s 2015 conviction of five counts of residential burglary committed in a Los Angeles

1All statutory references are to the Penal Code.

apartment complex. Following a resentencing hearing in 2023, the trial court struck a one-year prior prison term enhancement which had been stayed pursuant to section 654, but otherwise imposed the same sentence. Camacho now contends that the court erred by finding that imposing a lesser sentence would endanger public safety. (§ 1172.75, subd. (d)(1).) FACTUAL AND PROCEDURAL HISTORY Original Sentencing (2015) In 2015, a jury convicted Camacho of five counts of residential burglary committed in an apartment complex on the same day. (§ 459.) The trial court then found that Camacho suffered a prior serious felony and strike conviction, and that he served a prior prison term. (§§ 667, subd. (a)(1), 667, subds. (b)- (i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) The court imposed a second-strike sentence of 13 years’ imprisonment, consisting of a doubled four-year middle-term sentence (eight years) for count 5 (residential burglary with a person other than accomplice present); a five-year term for the serious felony conviction; and a stayed one-year term for the prior prison term enhancement. The court imposed four-year prison terms to be served concurrently for the remaining four counts of burglary. Section 1172.75 Resentencing (2023) On July 31, 2023, Camacho petitioned the trial court to strike the stayed prior prison term enhancement and resentence him pursuant to section 1172.75. Camacho also requested that the court strike the five-year serious felony enhancement as well as the prior strike conviction pursuant to the resentencing provisions of section 1172.75, subdivisions (d)(1)–(3). On December 15, 2023, the trial court held a resentencing hearing regarding the now-invalid prior prison term. Camacho