People v. Sanabrais CA4/3

Filed 5/21/25 P. v. Sanabrais 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063775

v. (Super. Ct. No. 04NF2468)

VICTOR SANABRAIS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan Fish, Judge. Reversed and remanded. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Assistant Attorneys General, Robin Urbanski and Brendon Marshall, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Victor Sanabrais appeals from the court’s denial of his petition to recall his sentence and resentence him pursuant to Penal Code 1 section 1172.75. Defendant argues he is eligible for resentencing, but the Attorney General argues defendant is not entitled to resentencing because the court stayed punishment on his prior prison term enhancement under former section 667.5, subdivision (b). Pending review of the issue by our Supreme Court, we agree with defendant and reverse and remand for resentencing. FACTS In 2006, defendant pleaded guilty to one count of first degree residential burglary (§§ 459, 460, subd. (a)), one count of grand theft of an automobile (§ 487, subd. (d)(1)), three counts of street terrorism (§ 186.22, subd. (a)), one count of carjacking (§ 215, subd. (a)), and two counts of possession of a firearm by a felon (§ 12021, subd. (a)(1)). He also admitted various enhancements, including a prison prior allegation (former § 667.5, subd. (b)).2 The court sentenced defendant to state prison for a determinate term of 29 years in accordance with the plea agreement. Relevant here, the court also stayed punishment on the former section 667.5, subdivision (b) enhancement. In 2023, defendant filed a petition for the court to recall and