People v. Delamora CA3

Filed 1/29/26 P. v. Delamora CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C102424

Plaintiff and Respondent, (Super. Ct. No. 10F03010)

v.

FRANK DELAMORA,

Defendant and Appellant.

A jury convicted defendant Frank Delamora of six counts of attempted murder, one count of assault with a deadly weapon on a peace officer, one count of firing at an occupied vehicle, and one count of firing at an inhabited dwelling. He was subsequently resentenced pursuant to Penal Code1 section 1172.75. The trial court reimposed the upper term on one count and declined to dismiss any of the firearm enhancements, but

1 Further undesignated section references are to the Penal Code.

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struck defendant’s prior prison term enhancement. On appeal, defendant argues the trial court erred by (1) reimposing the upper term based on aggravating facts not found by a jury and (2) not exercising fully informed discretion when declining to dismiss his enhancements. Because the court based its decision not to dismiss enhancements on the mistaken belief defendant was eligible for elderly parole, we conclude the trial court abused its discretion such that defendant’s case must be remanded for a full resentencing. We otherwise affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In 2010, defendant, along with other individuals, arrived at an apartment complex in a car. Soon after, defendant got out of the car and pointed a firearm at four victims nearby. Defendant fired multiple rounds, causing minor injuries to two victims and damage to nearby apartments and vehicles. Defendant returned to the passenger seat and the car drove away. The car led law enforcement officers on a high-speed chase. While traveling over 100 miles per hour on the freeway, defendant fired multiple shots toward a patrol car. One of these shots hit another car on the freeway. The jury found true nine firearm enhancements and nine gang enhancements. In a bifurcated trial, the trial court also found true one prior prison term enhancement and one strike. Defendant was sentenced to an indeterminate term of 74 years to life and a determinate term of 192 years four months. In defendant’s direct appeal of the jury’s verdicts, we reversed the gang enhancements. (People v. Delamora (May 25, 2016, C076142) [nonpub. opn.].) Following remand, defendant was resentenced to an aggregate sentence of 14 years to life, plus 122 years four months. This term consisted of 73 years four months for the firearm enhancements and one year for the prior prison term enhancement. In 2024, defendant, who was 40 years old at the time, was resentenced pursuant to section 1172.75. At a resentencing hearing, the trial court reviewed the parties’ resentencing memoranda and supplemental materials. The parties agreed defendant’s