People v. Trujillo CA2/6

Filed 7/16/25 P. v. Trujillo CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B335940 (Super. Ct. No. NA079209) Plaintiff and Respondent, (Los Angeles County)

v.

ALBERT TRUJILLO,

Defendant and Appellant.

Albert Trujillo appeals the trial court’s judgment following a recall and resentencing hearing to strike a now-invalid prior prison term enhancement. (Pen. Code, §§ 1172.75, 667.5, subd. (b).)1 We reject Trujillo’s claim that the matter must be remanded because the court did not understand its sentencing discretion. We modify the judgment to strike a stayed criminal street gang enhancement, however, but otherwise affirm. This appeal concerns Trujillo’s 2010 conviction of second degree murder with findings of personal firearm use and

1All statutory references are to the Penal Code.

discharge causing death, among other findings. Following a resentencing hearing in 2023, the trial court struck the one-year prior prison term enhancement, the five-year serious felony conviction enhancement, and the firearm use and discharge causing death enhancement. Trujillo now contends that the court misunderstood its overall resentencing discretion because it imposed but stayed a gang enhancement that had never been charged. FACTUAL AND PROCEDURAL HISTORY Initial Sentencing (2010) In 2010, a jury convicted Trujillo of second degree murder and found that he personally used and discharged a firearm that caused death. (§§ 187, 189, 12022.53, subds. (b–(d).) The trial court then found that Trujillo had suffered a prior serious felony and strike conviction and had served a prior prison term. (§§ 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) The trial court imposed a second-strike sentence of 61- years-to-life imprisonment, consisting of a doubled 15-year sentence (30 years) for second degree murder, 25 years to life for the firearm enhancement, a five-year term for the serious felony conviction, and a one-year term for the prior prison term enhancement. The court imposed but stayed a 10-year gang enhancement pursuant to section 186.22, subdivision (b)(1)(c). The probation report prepared for the 2010 sentencing indicates that Trujillo shot the victim during an argument the two men had concerning Trujillo’s response to rival gang members. The report described Trujillo as a hardcore gang member. The murder prosecution, however, did not charge a gang enhancement.