People v. Valle CA5

Filed 3/30/26 P. v. Valle CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F089317 Plaintiff and Respondent, (Super. Ct. No. F09400138) v.

BENJAMIN VALLE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. James A. Kelley, Judge. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Darren K. Indermill and Paul E. O’Connor, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Meehan, J.

INTRODUCTION Appellant Benjamin Valle contends on appeal that the minute order and the abstract of judgment from his resentencing hearing should be corrected to delete any reference to Penal Code section 667.5, subdivision (b),1 which was stricken by the trial court. The People agree but clarify the minute order should reflect the section 667.5, subdivision (b) enhancement was stricken. The People add that the abstract of judgment should also be corrected to reflect that punishment on counts 2 and 3 are stayed under section 654. We agree and remand the matter for the trial court to correct said clerical errors. PROCEDURAL SUMMARY2 In 2010, after a jury trial, appellant was convicted and sentenced as follows: on count 1, attempted murder (§§ 664, 187, subd. (a)), the upper term of nine years, plus a consecutive term of 25 years to life for discharging a firearm (§ 12022.53, subd. (d)), and a consecutive term of one year for a section 667.5, subdivision (b) prior prison term enhancement. Punishment for other counts and enhancements was imposed and stayed as follows: upper term of seven years for shooting at an occupied vehicle (§ 246, count 2); upper term of three years for possession of a firearm by a felon (§ 12021, subd. (a)(1), count 3); two enhancements for personal use of a firearm (§ 12022.5, subd. (a), counts 1 & 2), two enhancements for personally inflicting great bodily injury (§ 12022.7, subd. (a), counts 1 & 2); and one enhancement for discharging a firearm and causing great bodily injury (§ 12022.53, subd. (d), count 2). Appellant appealed and this court affirmed the judgment. (People v. Valle (Jan. 18, 2012, F060425) [nonpub. opn.].)