People v. Mora CA2/6

Filed 7/21/25 P. v. Mora 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B334488 (Super. Ct. No. 2012038720) Plaintiff and Respondent, (Ventura County)

v.

ANTONIO EDWIN MORA,

Defendant and Appellant.

Antonio Edwin Mora appeals after the trial court conducted a resentencing pursuant to Penal Code section 1172.75.1 He contends the trial court: (1) should have stricken outright all his gang allegations as no longer legally valid, and (2) abused its discretion in several respects. Regarding remand, appellant contends: (1) “a new probation report must be prepared so the trial court . . . can consider appellant’s progress since his incarceration in 2012,” and (2) the new abstract of judgment

1 Undesignated statutory references are to the Penal Code.

must accurately reflect his actual time in custody from arrest to imposition of a new sentence. We conclude portions of Assembly Bill No. 333 (2021-2022 Reg. Sess.) (AB 333) apply retroactively to appellant’s case. We will vacate the resentencing order and reverse the gang enhancements (§ 186.22, subd. (b)) on counts 1, 3, and 6. On remand, the People may seek to try those gang enhancements pursuant to amended section 186.22. Following any trial, or if none occurs, the trial court will conduct a full resentencing under section 1172.75. PROCEDURAL BACKGROUND In 2015, appellant pleaded guilty to conspiracy to transport, sell, and distribute controlled substances and extortion (§§ 182, subd. (a)(1) & 518, Health and Saf. Code § 11352; count 1), conspiracy to transport, sell, and distribute controlled substances (count 2), two counts of attempted extortion (§ 524; counts 3 and 6), and attempted second degree robbery (§§ 664/211; count 12). Appellant admitted: (1) section 186.22, subdivision (b)(1) gang enhancements as to counts 1, 3, 6, and 12; (2) a strike prior (§ 667, subds. (c)(2) & (e)(2)(C)); (3) a serious felony prior (§ 667, subd. (a)); and (4) a prison prior (§ 667.5, subd. (b)). The court sentenced appellant to a stipulated aggregate term of 27 years, four months. In 2018, following receipt of a California Department of Corrections and Rehabilitation letter, the trial court modified the concurrent sentence for count 12. It also struck the section 186.22, subdivision (b)(1) enhancement on count 12 pursuant to section 1385. These changes did not affect the aggregate term. In 2023, the court conducted a resentencing pursuant to section 1172.75. After striking the section 667.5, subdivision (b)