People v. Ortegagileta CA2/3

Filed 7/22/25 P. v. Ortegagileta CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B334184

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA152244) v.

HERNAN ORTEGAGILETA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kelvin Filer, Judge. Affirmed. Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Hernan Ortegagileta appeals from a judgment after he was resentenced. Ortegagileta’s appellate counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436, asking us to review the record independently. In 2021, a jury convicted Ortegagileta of sexual penetration of a child under 10 years old (Pen. Code,1 § 288.7, subd. (b); count 1) and lewd acts on a child under 14 years old (§ 288, subd. (a); counts 2 through 7). As to counts 2 through 6, the jury found that Ortegagileta committed the crimes against multiple victims (§ 667.61, subds. (b) & (e)). In September 2021, the trial court sentenced Ortegagileta to consecutive terms of 15 years to life on counts 1, 2, 4, and 6 and to the high term of eight years on count 7. The trial court sentenced him to concurrent terms of 15 years to life on counts 3 and 5. Counts 1 through 3 concerned victim E.J. and abuse occurring on three separate occasions. Counts 4 through 6 concerned victim K.H. and abuse occurring on three separate occasions. Count 7 concerned victim I. On direct appeal, a different panel of this division reversed Ortegagileta’s convictions in counts 1 and 7 and found that the sentencing court had failed to exercise its sentencing discretion on counts 2, 4, and 6. (People v. Ortegagileta (Oct. 25, 2022, B315468) [nonpub. opn.].) The matter was therefore remanded to the trial court for resentencing. At hearings on June 29 and November 29, 2023, the trial court dismissed counts 1 and 7, sentenced Ortegagileta to