People v. Hefflin CA2/6

Filed 6/16/25 P. v. Hefflin CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B335956 (Super. Ct. No. NA033402) Plaintiff and Respondent, (Los Angeles County)

v.

AARON HEFFLIN,

Defendant and Appellant.

Aaron Hefflin appeals his resentencing following the trial court’s denial of his request to dismiss his prior serious felony strike conviction pursuant to Penal Code section 13851 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We affirm.

1 All further statutory references are to the Penal Code.

Facts and Procedural Background2 In 1997, appellant assaulted Gilbert Harris with a revolver outside the Long Beach Memorial Hospital. Appellant ordered Harris to “‘[g]ive me your keys or your life’” and took his keys, wallet, and car. When a police officer stopped appellant in the stolen car, appellant opened the driver’s door, assumed a combat stance, aimed his revolver at the officer, and fired five shots, striking the officer in the head and leg. In 2000, a jury convicted appellant of willful, deliberate, and premeditated attempted murder of a peace officer (§§ 664/187, subd. (a), count 1) and carjacking (§ 215, subd. (a), count 2). The jury found true the special allegations that appellant personally used a firearm (§ 12022.5, subd. (a)(1), counts 1 & 2), discharged a firearm at an occupied motor vehicle (§ 12022.5, subd. (b)(1), count 1), and personally inflicted great bodily injury (§ 12022.7, subd. (a), count 1). In a bifurcated proceeding, the trial court found that appellant had suffered five prior prison terms (§ 667.5, subd. (b)) and a prior serious felony conviction under the “Three Strikes” law (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced appellant to 51 years plus life, as follows: On count 1, the trial court imposed a consecutive life term with a minimum parole eligibility of 14 years, plus 10 years for discharging a firearm at an occupied motor vehicle, three years on the great bodily injury enhancement, five years for the prior serious felony conviction, and five one-year terms for the prior prison term enhancements. On count 2, the trial court imposed the upper term of nine years, doubled the term pursuant to the Three