People v. Cervantez CA2/6

Filed 1/21/26 P. v. Cervantez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B341866 (Super. Ct. No. 2020008715) Plaintiff and Respondent, (Ventura County)

v.

RENE RAY CERVANTEZ,

Defendant and Appellant.

This is the second appeal in this case. In 2024, we reversed Cervantez’s convictions for animal cruelty and remanded for retrial of those counts or resentencing. (People v. Cervantez (July 19, 2024, B327570) as mod. on den. of rehg. Aug. 6, 2024 [nonpub. opn.] 2024 WL 3465020.) Cervantez contends the trial court erred by resentencing him without his personal presence, failing to conduct a full resentencing, and miscalculating his credits for time served. The Attorney General concedes the denial of Cervantez’s right to personal presence at the resentencing requires we vacate the sentence and remand again for resentencing. We agree.

FACTUAL AND PROCEDURAL HISTORY Cervantez was found guilty following a jury trial of possession of heroin and fentanyl for sale (Health & Saf. Code, § 11351; counts 1 and 8), possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count 2), felon in possession of ammunition (Pen. Code,1 § 30305, subd. (a)(1); counts 4 and 6), felon in possession of a firearm (§ 29800, subd. (a)(1); count 5), sale of heroin (Health & Saf. Code, § 11352, subd. (a); count 7), and cruelty to animals (§ 597, subd. (b); counts 9 and 10). The jury also found true an allegation that Cervantez was armed with a firearm in the commission of count 1 (§ 12022, subd. (c)). He admitted he had suffered a prior strike conviction (§§ 667, subds. (c)(1), (e)(1), 1170.12, subds. (a)(1), (c)(1)), and that he committed the offenses while released on bail (§ 12022.1, subd. (b)). In February 2023, the court sentenced Cervantez to 15 years in state prison, consisting of consecutive sentences of: six years for count 1 (midterm of three years, doubled for strike); low term of three years for the firearm enhancement for count 1; two years, eight months for count 7 (one-third of midterm of four years, doubled for strike); two years for count 8 (one-third of midterm of three years, doubled for strike); and one year, four months for count 10 (one-third of midterm of two years, doubled for strike). The court imposed concurrent sentences for counts 4 and 9, and stayed sentences pursuant to section 654 for counts 2, 5, and 6. The court dismissed the on-bail allegations pursuant to section 1385. The court also imposed a consecutive sentence of one year, four months for a violation of Health and Safety Code