People v. Englebrecht CA4/1

Filed 12/9/25 P. v. Englebrecht CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084744

Plaintiff and Respondent,

v. (Super. Ct. No. SCN228485)

MARTIN ENGLEBRECHT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Lisa R. Rodriquez, Judge. Reversed and remanded with directions. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina and Michael J. Patty, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION Martin Englebrecht appeals from an amended judgment after

resentencing pursuant to Penal Code section 1172.75.1 He argues, and the People concede, the trial court erred by failing to reduce his sentence on the witness dissuasion count, based on the lack of an express or implied threat of force. We find this matter appropriately resolved by memorandum opinion (see generally People v. Garcia (2002) 97 Cal.App.4th 847) and, accepting the People’s concession, vacate the sentence on the witness dissuasion count and remand for further sentencing proceedings consistent with this opinion. In 2010, Englebrecht was convicted of three attempted murder counts (counts 1 to 3) and one count of attempting to dissuade a witness (count 4). The jury also found that he committed these crimes to benefit a criminal street gang. Due to his three prior strikes and other enhancements, which included two prison priors, the trial court imposed a 235-year-to-life sentence, which was affirmed on appeal. (People v. Englebrecht (May 3, 2012, D058075) [nonpub. opn.].) In August 2024, after determining that Englebrecht was eligible for resentencing under section 1172.75, the trial court conducted a full resentencing hearing. It struck his two prison priors pursuant to section 1172.75 and found that reducing his sentence would not endanger public safety. It then struck all three of his prior strikes. Next, it declined to strike any of his gang or gun enhancements but struck the prior serious felony enhancement. As relevant here, the trial court imposed an indeterminate seven-year- to-life sentence under section 186.22, subdivision (b)(4) on count 4 and struck