People v. Herrera CA2/1

Filed 2/26/14 P. v. Herrera CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B246672

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA066102) v.

SALVADOR HERRERA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Elizabeth Lippitt, Judge. Affirmed with directions. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, and Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent. _____________________________

Salvador Herrera was convicted of 13 counts of first degree residential burglary and forgery, and received a sentence of 79 years to life. He appealed, and we remanded for the trial court to resentence Herrera, impose or strike prior prison term enhancements, and amend the abstract of judgment, otherwise affirming the judgment. The trial court resentenced Herrera and imposed the same sentence, striking a prior prison term enhancement. Herrera again appeals. The following three paragraphs are taken from our unpublished opinion in Herrera’s prior appeal, People v. Herrera (October 3, 2012, B233069) (Herrera I). An information filed November 30, 2010, charged Herrera with nine counts of first degree residential burglary occurring between August 9 and September 20, 2010, each of a different dwelling, in violation of Penal Code section 459.1 The information also charged Herrera with six counts of forgery in violation of section 470, subdivision (d). Further, the information alleged that Herrera had suffered 15 prior strike convictions as to all counts pursuant to sections 1170.12, subdivision (a), and 667, subdivisions (b) through (i); had two prior felony convictions within the meaning of section 1203, subdivision (e)(4); and had two prior prison terms pursuant to section 667.5, subdivision (b). Herrera filed a pretrial motion to dismiss his prior convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), which the court denied. At trial, the prosecution presented evidence that Herrera stole electronics from the residences and also stole and cashed several checks, forging the signatures of the account holders. Herrera admitted the truth of the prior conviction allegations and prior prison terms allegations. Counts 3 (burglary) and 4 (forgery) were dismissed, and the jury convicted Herrera of the remaining 13 counts, finding true allegations that the burglaries were of inhabited dwellings within the meaning of section 462, subdivision (a). After the verdict, Herrera filed a Romero motion and a sentencing memorandum, asking that the trial court dismiss his prior strikes and treat the case as a first or second