People v. Toca CA2/2

Filed 3/11/26 P. v. Toca CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B336579 Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. XEAKA089833)

GERALDO TOLEDO TOCA, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jacqueline Lewis, Judge. Reversed. Gordon B. Scott, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Lauren N. Guber, Deputy Attorneys General, for Plaintiff and Respondent. _______________________

Geraldo Toledo Toca appeals the trial court’s order resentencing him pursuant to Penal Code section 1172.75.1 He argues the court abused its discretion in deciding he was ineligible to be resentenced to a determinate term. (See § 1170.12, subd. (c)(1), (2)(C).) The People agree the Supreme Court’s decision in People v. Superior Court (Guevara) (2025) 18 Cal.5th 838, 877–878 (Guevara), resolves this appeal and requires remand for a full resentencing. We agree with the parties, and we reverse and remand. FACTUAL AND PROCEDURAL BACKGROUND In 2010, Toca was charged with felony failure to provide true registration information as a sex offender (§ 290.015, subd. (a); count 1), felony failure to update registration annually as a sex offender (§ 290.012, subd. (a); count 2), and misdemeanor providing false information to a peace officer (§ 148.9, subd. (a); count 3). It was further alleged Toca had previously been convicted of robbery and sexual assault with use of a deadly weapon in Nevada in 1981. As to counts 1 and 2, his Nevada convictions were alleged to be two serious or violent felonies within the meaning of the “Three Strikes” law (§ 667, subds. (b)–(i), § 1170.12, subds. (a)– (d)). In addition, as to counts 1 and 2, it was alleged Toca had two prior prison commitments resulting from convictions in 2003 and 2007 for taking a vehicle without consent and failure to register as a sex offender. (Veh. Code, § 10851; Pen. Code, § 290, subds. (a), (d)(1); see also Pen. Code, § 667.5, former subd. (b).)