People v. Burns CA4/3

Filed 5/13/25 P. v. Burns 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G064486

v. (Super. Ct. No. 05NF4198)

JASON DEAN BURNS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Sheila F. Hanson, Judge. Reversed and remanded. Richard Schwartzberg, 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, Donald

W. Ostertag and Robin Urbanski, Deputy Attorneys General, for Plaintiff and Respondent. * * * THE COURT:* In 2008, defendant Jason Dean Burns pleaded guilty to home invasion robbery in concert (Pen. Code, §§ 211, 212.5, subd. (a), 213, subd. (a)(1); count 1),1 assault with a firearm (§ 245, subd. (a)(2); count 2), two counts of street terrorism (§ 186.22, subd. (a); counts 3 & 7), and felonious assault (§ 245, subd. (a)(1); count 6). As to count 1, defendant admitted a firearm enhancement (§ 12022.53, subd. (b)). As to counts 1, 2, and 6, defendant admitted he committed the offenses in furtherance of a criminal street gang (§ 186.22, subd. (b)). Finally, defendant admitted he had two prior convictions that qualified as prison priors pursuant to section 667.5, subdivision (b). Following his guilty plea, the trial court sentenced defendant to 23 years 6 months in state prison, a term which included two years for the prison prior allegations. Recently, the court recalled defendant’s sentence and resentenced him pursuant to section 1172.75. The court imposed a sentence of 21 years 8 months, striking the two prison prior enhancements (one year each) but also adding two months to the gang enhancement on count 6 (based on the discovery of an error in defendant’s favor at the original sentencing). Disagreeing with defendant’s written motion for resentencing, the court ruled that it lacked “jurisdiction” to apply an ameliorative