People v. Moreno CA2/1

Filed 2/23/26 P. v. Moreno CA2/1 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B333875

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA039438) v.

EDDIE FERNANDO MORENO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Gregory A. Dohi, Judge. Remanded with directions. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Chief Assistant Attorneys General, Susan Sullivan Pithey, Assistant Attorney General, Jason Tran, Kristen J. Inberg, Seth P. MCutcheon and Charles Chung, Deputy Attorneys General, for Plaintiff and Respondent. ______________________

INTRODUCTION In 2003, the trial court sentenced defendant Eddie Fernando Moreno to an aggregate term of 80 years to life imprisonment. The sentence included indeterminate third strike terms under the original “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d))1 as well as three one-year prior-prison-term enhancements under section 667.5, former subdivision (b). In 2023, the superior court resentenced Moreno pursuant to section 1172.75 to an aggregate term of 51 years to life. The court struck the now-invalid prior-prison-term enhancements and made other changes from the original sentence, including which terms ran consecutively or concurrently, but left intact Moreno’s indeterminate third strike sentences. Moreno appealed from his resentencing and we affirmed. (People v. Moreno (Sept. 16, 2024, B333875) [nonpub. opn.].) Moreno petitioned for review; our Supreme Court granted that request and deferred Moreno’s appeal pending the disposition of People v. Superior Court (Guevara) 18 Cal.5th 838 (Guevara). After issuing Guevara, the Supreme Court remanded Moreno’s appeal to this court with directions to vacate our prior decision and reconsider the cause in light of Guevara. Having now done so, we remand for a new resentencing hearing.