People v. Leyba CA3

Filed 12/3/25 P. v. Leyba CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C101772

Plaintiff and Respondent, (Super. Ct. No. 94F00173)

v.

FREDDIE CHARLES LEYBA,

Defendant and Appellant.

Defendant Freddie Charles Leyba appeals the trial court’s order after resentencing, arguing the court erred by failing to apply a forward-looking analysis when deciding not to strike sentencing enhancements under Penal Code1 section 1385. Additionally, defendant argues, and the People agree, his restitution fine should be vacated following the enactment of Assembly Bill No. 1186 (2023-2024 Reg. Sess.) (Assembly Bill 1186).

1 Further undesignated section references are to the Penal Code.

1

We agree with defendant on both contentions and accordingly vacate his restitution fines and remand the matter to the trial court to conduct a full resentencing hearing. FACTUAL AND PROCEDURAL BACKGROUND In 1993, defendant killed Sonja Vasquez and disposed of her body on a freeway off‑ramp. (People v. Leyba (Apr. 26, 1996, C019464) [nonpub. opn.].) Also in 1993, in a different incident, defendant shot another victim in the neck. (Ibid.) On September 6, 1994, a jury convicted defendant of first degree murder and willful, deliberate, and premeditated attempted murder. The jury also found true that defendant both personally used a firearm pursuant to section 12022.5, subdivision (a) and personally caused great bodily injury pursuant to section 12022.7 for the attempted murder. The trial court found three prior conviction enhancements and one prior prison term enhancement true. Defendant was sentenced on October 7, 1994, to 25 years to life for the murder and a consecutive indeterminate life term for the attempted murder. For the enhancements, defendant was sentenced to three years for inflicting great bodily injury, five years for personally using a firearm, 15 years for three prior serious felony convictions, and one year for a prior prison term, totaling a 24-year determinate sentence. On June 14, 2024, following notification of eligibility and briefing from defendant, the trial court held a resentencing hearing under section 1172.75. At the hearing, the court considered whether it should dismiss defendant’s sentence enhancements pursuant to section 1385, subdivision (c)(2). At the conclusion of the arguments, the court commented on defendant’s minimal rehabilitative efforts, “the absolute horrendous nature of [the] crime[s],” and the “complete and absolute danger to society” that defendant posed at the time of sentencing, commenting that “[t]he [c]ourt . . . still believes [defendant] is a danger to society.” The court then struck the now invalid prior prison term enhancement pursuant to section 1172.75 but declined to further modify defendant’s sentence.