People v. Macias CA2/8

Filed 8/22/25 P. v. Macias CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B336726

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA462573 v.

JOHN PAUL MACIAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert C. Vanderet, Judge. Reversed and remanded. Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

In resentencing John Paul Macias, the court struck a one- year prior prison term enhancement but refused to consider a prison term from another case in another county. The prosecution concedes this was error. We remand for resentencing. Code citations are to the Penal Code. The facts of Macias’s crimes do not bear on this appeal. We go straight to the sentencing issue. In February 2019, in Case No. BA462573, Macias pleaded no contest to four crimes. He also admitted two enhancements and a one-year prison prior under section 667.5, subdivision (b). A Los Angeles County court sentenced Macias to 10 years in prison. Several months later, Macias faced charges for offenses that occurred while he was incarcerated in Kern County in 2016. This is Case No. DF012786A. Macias entered no contest pleas. In December 2019, the Kern County court imposed a three-year prison sentence, consecutive to the sentence in Case No. BA462573. In 2023, in Case No. BA462573, Macias moved to recall his sentence under section 1172.75, because it included the now- invalid one-year prison prior term. (See § 1172.75, subds. (a) & (c).) Macias sought a full resentencing and further sentence reduction based on ameliorative changes in various sentencing laws. Macias filed a supplemental memorandum noting the resentencing court had to account for his Kern County case and pronounce a single aggregate term. He sought a sentence reduction for this matter as well. The prosecution opposed relief beyond striking the invalid enhancement.