People v. Trejo CA2/5

Filed 5/27/25 P. v. Trejo CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B336496

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. NA082970, v. NA082441)

JOE HERNANDEZ TREJO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard M. Goul, Judge. Reversed and remanded.

Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Steven E. Mercer, Deputy Attorney General, for Plaintiff and Respondent.

****** Joe Hernandez Trejo (defendant) appeals the trial court’s order declining to fully resentence him on two cases on which he was sentenced at the same time. Because, as the People concede, this was error under Penal Code section 1172.75,1 we reverse and remand for a full resentencing in both cases. FACTS AND PROCEDURAL BACKGROUND I. Charges A. The robbery case Following a string of armed robberies and attempted robberies over a three-week period in June 2009, the People in Case No. NA082441 (“the 441 case”) charged defendant, as pertinent here, with five counts of second degree robbery (§ 211), and two counts of attempted second degree robbery (§§ 211, 664). The People further alleged that defendant personally used a firearm (§ 12022.53, subd. (b)), and that a principal in these crimes was armed with a firearm (§ 12022, subd. (a)(1)). The People alleged no enhancement based on prior convictions. B. The burglary case Following a car burglary in August 2009, the People in Case No. NA082970 (“the 970 case”) charged defendant with second degree burglary of a vehicle (§ 459). The People further