People v. Masalta CA3

Filed 8/8/25 P. v. Masalta CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C101832

Plaintiff and Respondent, (Super. Ct. Nos. 23FE005598, 22FE018336, 22MI005193, v. 21MI009129)

DEAN MASALTA,

Defendant and Appellant.

Defendant Dean Masalta pled no contest to forcible rape. He also pled no contest to three separate driving under the influence (DUI) complaints which alleged defendant drove on a suspended license and without a mandatory ignition interlock device. The trial court sentenced defendant to the upper term on the rape conviction, a consecutive sentence for the felony DUI conviction, a one-year consecutive sentence for one misdemeanor DUI conviction, and a one-year concurrent sentence for the other misdemeanor DUI conviction. On appeal, defendant argues the trial court did not

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adequately state its reasons for imposing consecutive sentences under Penal Code section 667.6, subdivision (c).1 The People agree this code provision cannot apply here and ask that the matter be remanded for a full resentencing. We shall remand the matter for resentencing. I. BACKGROUND The amended complaint, deemed an information, alleged one count of forcible rape and multiple aggravating factors not relevant here. (§ 261, subd. (a)(2).) Defendant admitted to the recited factual basis that he went on a date with the victim who told him that the two would not be having sex that night. When they returned to the victim’s hotel room, they engaged in some consensual sexual activity, after which defendant said he wanted to have intercourse. The victim repeatedly told the defendant to stop, but he held her down and forcibly had sex with her while she cried. The prosecution also had two additional victims who would testify defendant had forcibly sexually assaulted them in the prior 10 years. Defendant pled no contest to the charged rape and admitted the aggravating circumstances were true in exchange for a stay of execution of the upper term sentence and, if he turned himself in as ordered two days later, potentially for a lower term sentence. The trial court immediately sentenced defendant to the upper term of eight years in state prison, stayed the sentence for two days, and ordered defendant to turn himself into the correctional facility in two days. The trial court stated if defendant did so, it would stay the judgment and sentencing and resentence defendant at a future date. Defendant also had three pending DUI cases at the time. In case No. 21MI009129, the complaint charged defendant with DUI with prior convictions, driving with a suspended license with prior convictions, and driving without a required ignition