People v. Fuentes CA2/2

Filed 7/11/25 P. v. Fuentes CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B336295

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA036785) v.

JOE FUENTES, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Debra Cole-Hall, Judge. Affirmed in part and reversed in part with directions. Jennifer A. Mannix, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Susan Sullivan Pithey, Assistant Attorneys General, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent. ________________________________

Appellant Joe Fuentes, Jr. appeals an order denying a resentencing hearing after the Department of Corrections and Rehabilitation (CDCR) identified him as a person serving an invalid sentence. (Pen. Code,1 § 1172.75.) The superior court struck two one- year prior prison term enhancements—previously imposed under section 667.5, former subdivision (b) and stayed—but rejected appellant’s request to conduct a full resentencing. Based on the recently issued People v. Rhodius (June 26, 2025, S283169) ___ Cal.5th ___ [2025 Cal. Lexis 3531] (Rhodius), we conclude that appellant is entitled to a hearing at which he is resentenced under section 1172.75. PROCEDURAL BACKGROUND In 1997, appellant pleaded guilty to one count of kidnapping. (§ 207, subds. (a), (b).) The trial court found true allegations that appellant personally used a deadly or dangerous weapon (§ 12022, subd. (b)) and had suffered two prior serious felony convictions (§ 667, subd. (a)). The trial court sentenced appellant to 36 years to life in state prison, consisting of 25 years to life under the Three Strikes law (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), plus five years each for the prior serious felony convictions, and one year for the deadly or dangerous weapon enhancement. The court also imposed and stayed the two prior prison term enhancements.2