People v. Fuentes CA4/3

Filed 10/8/14 P. v. Fuentes CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048719

v. (Super. Ct. No. 10ZF0093)

JOSE FUENTES, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Thomas M. Goethals, Judge. Affirmed as modified. Arthur B. Martin, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Joy Utomi, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Defendant Jose Fuentes was convicted of murder, robbery, and burglary. Defendant does not challenge his convictions on appeal. Rather, he argues (1) his sentences for committing robbery and burglary should have been stayed, pursuant to Penal Code section 654, because he had a single objective in committing all three crimes, and (2) the parole revocation restitution fine imposed pursuant to Penal Code section 1202.45 must be stricken. The Attorney General concedes the correctness of defendant’s argument on both issues. We agree and direct the trial court to amend the abstract of judgment to reflect the correct sentence, and to strike the parole revocation restitution fine. We affirm the judgment as so modified.

STATEMENT OF FACTS AND PROCEDURAL HISTORY The victim’s body was discovered in his studio apartment on June 6, 2010. The victim had died as a result of severe blunt head trauma. The next day, defendant was arrested after a routine traffic stop, during which a replica handgun and a small amount of methamphetamine were discovered on defendant. Defendant was driving the victim’s car. During an interrogation, defendant admitted he owed money to a methamphetamine dealer. Defendant also admitted he had gone to the victim’s apartment several nights earlier with the dealer, with the intention of killing the victim and stealing his things. Defendant further admitted he had used a decorative rock sculpture to hit the victim in the head about four times. Defendant then took the victim’s television set, DVD player, cell phones, money, and credit cards, placed the items in the victim’s car, and took them to a motel room he had rented. The clerk at a nearby motel testified that a room had been rented to defendant on June 5, 2010. When defendant did not rent the room for any additional nights, property was removed from the room, including a large television set.