People v. Cabrera CA4/3

Filed 5/2/25 P. v. Cabrera 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063762

v. (Super. Ct. No. 96WF2465)

SALVADOR RAMIRES CABRERA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Reversed and remanded. Heather E. Shallenberger, 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 Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent. * * * THE COURT: Defendant Salvador Ramires Cabrera also known as Ernesto Enriquez Soto1 appeals the denial of his petition to recall his sentence and resentence him pursuant to Penal Code section 1172.75.2 We reverse and remand for resentencing. PROCEDURAL HISTORY In 1998, a jury convicted defendant of two counts of attempted murder of a peace officer (§§ 187, subd. (a), 664, subds. (a), (e)(1)), two counts of assault with a semi-automatic firearm on a peace officer (§ 245, subd. (d)(2)), evading an officer with willful disregard (Veh. Code, § 2800.2), possession of a firearm by a felon (former § 12021, subd. (a) [reenacted without substantive change as § 29800]), and transportation of a controlled substance (Health & Saf. Code, § 11379). Among other enhancements, defendant admitted and the court found true allegations that defendant served two prior prison terms. (§ 667.5, subd. (b).)