People v. Arreola CA4/1

Filed 8/27/25 P. v. Arreola CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084665

Plaintiff and Respondent,

v. (Super. Ct. No. FWV902399)

JESUS ARREOLA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Ingrid A. Uhler, Judge. Affirmed and remanded with instructions. Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Assistant Attorney General, Collete C. Cavalier and Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent. Jesus Arreola appeals the trial court’s order finding him ineligible for

resentencing under Penal Code1 section 1172.75. We find that Arreola was

1 Further undesignated statutory references are to the Penal Code.

ineligible for relief under the plain language of section 1172.75 because his “current judgment” does not include a prison prior enhancement that was “imposed prior to January 1, 2020.” (§ 1172.75, subds. (a), (c).) We further conclude, however, that the trial court imposed an unauthorized sentence in 2021 by staying rather than striking Arreola’s prison prior. We therefore affirm the order denying relief under section 1172.75 and remand the matter with instructions to strike the prison prior. FACTUAL AND PROCEDURAL BACKGROUND In late 2009, Arreola was charged with attempted murder (§§ 664, 187, subd. (a); count one); assault with a deadly weapon (§ 245 subd. (a)(1); count two); robbery (§ 211; counts three and five); and dissuading a witness by force or threat (§ 136.1 subd. (c)(1); count four). Arreola was also charged with enhancements for personal use of a deadly weapon (§ 12022, subd. (b)(1)) on counts one, three, four, and five, and inflicting great bodily harm (§ 12022.7, subd. (a)), on counts one, two, and three. The information further alleged that Arreola had one strike prior (§§ 667, subds. (b)-(i)), 1170.12, subds. (c)-(e)), two serious-felony convictions arising out of the same prior case (§ 667, subd. (a)(1)), and one prison prior for an assault conviction (former § 667.5, subd. (b)). In early 2010, Arreola pled no contest to attempted murder and admitted the prison prior in accordance with a plea bargain dismissing the remaining counts and enhancements. The plea form indicated that Arreola was entering the plea because the prosecutor had agreed to a total term of 19 years in state prison. At sentencing, the trial court imposed an upper term sentence of 18 years for the attempted murder plus one year for the prison prior for a total sentence of 19 years.