People v. Olivarez CA3

Filed 12/8/25 P. v. Olivarez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C102443

Plaintiff and Respondent, (Super. Ct. Nos. STK-CR-FE- 2009-0006398, SF111555A) v.

GABRIEL ISIDORE OLIVAREZ,

Defendant and Appellant.

Defendant Gabriel Isidore Olivarez appeals from the trial court’s resentencing order under Penal Code section 1172.75.1 He argues that the trial court erred by failing to dismiss his prior prison term enhancements, and the People agree. We agree with the parties and will modify the judgment to strike the prior prison term enhancements (§ 667.5, subd. (b)). FACTS The details of the underlying convictions are not relevant to the disposition in this matter. In 2009, Olivarez was charged via information with multiple counts, including

1 Undesignated statutory references are to the Penal Code.

1

murder (§ 187; count 1), attempted murder (§§ 664 & 187; count 2), and being a felon with a firearm (former § 12021, subd. (a)(1); count 3). The information also alleged several firearm enhancements as to counts 1 and 2 (§ 12022.53, subds. (a), (b), (c), (d)), a prior strike conviction under the former “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12), and two prior prison terms (§ 667.5, subd. (b)), based on Olivarez’s convictions in 2006 for arson (§ 451) and for possession of a controlled substance (Health & Saf. Code, § 11377) and failure to appear (§ 1320, subd. (b)). A jury convicted Olivarez of counts 1 through 3 and found true multiple firearm enhancements. In a bifurcated proceeding, the court found true the prior strike conviction and the prior prison term enhancements. The court sentenced Olivarez to an aggregate term of 118 years to life and stayed the sentence on the two prior prison term enhancements. In 2024, Olivarez appeared for resentencing pursuant to section 1172.75. Olivarez asked the court to strike the one-year prior prison terms; strike, modify, or stay the firearm enhancements; and strike his prior strike conviction under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. Among other things, Olivarez argued that Senate Bill No. 483 (2021-2022 Reg. Sess.) enacted section 1172.75, which retroactively invalidated section 667.5, subdivision (b) enhancements, even if execution of the enhancement was stayed, and thus the court should strike his prison priors. In response, the People conceded that the two prior prison term enhancements should be stricken. However, the People opposed striking the prior strike conviction and the firearm enhancements. In its resentencing order, the trial court recognized that Olivarez was entitled to be resentenced pursuant to section 1172.75 because it had found true a prior prison term enhancement under section 667.5, subdivision (b), even though that sentence was stayed. The court then noted that the jury had convicted Olivarez of murder, attempted murder, and felon with a firearm and found true multiple firearm enhancements, and that the court