People v. Regalado CA2/2

Filed 4/14/15 P. v. Regalado CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B255074

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA058648) v.

DENNIS BALISCAN REGALADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Kathleen Blanchard, Judge. Reversed and remanded for resentencing.

William Hassler, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Blythe J. Leszkay and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

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Following his conviction of various charges arising out of assault and making criminal threats, defendant and appellant Dennis Baliscan Regalado was sentenced to a prison term of 113 years to life. He challenges that sentence on appeal, and we agree. Considering appellant’s criminal history and by examining other cases in which defendants have been sentenced for similar crimes, we conclude that appellant’s sentence violates California’s prohibition against cruel or unusual punishment. (Cal. Const., art. I, § 17.) Accordingly, we reverse the matter and remand it to the trial court for resentencing. PROCEDURAL BACKGROUND In an information filed by the Los Angeles District Attorney, appellant was charged with two counts of assault with a firearm (Pen. Code, § 187, subd. (a), counts 1 & 3),1 two counts of criminal threats (§ 422, subd. (a), counts 2 & 4), dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1), count 5), two counts of possession of a firearm by a felon with two priors (§ 29800, subd. (a)(1), counts 6 & 7), possession of ammunition (§ 30305, subd. (a)(1), count 8), and dissuading a witness from testifying (§ 136.1, subd. (a)(1), count 9). As to all counts, two prior serious and/or violent felonies (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) were also alleged. In addition, as to counts 1 through 4, it was alleged that appellant personally used a firearm in the commission of the offenses (§ 12022, subd. (a)). Finally, as to counts one through three, two prior serious felonies (§ 667, subd. (a)(1)) were alleged. Appellant pleaded not guilty and denied the allegations. Trial was by jury. The jury found appellant guilty on counts 2 through 9, and found true the special allegation that appellant personally used a firearm with respect to counts 2, 3, and 4. Appellant was acquitted on count 1. In a bifurcated proceeding, appellant admitted having suffered two prior convictions under the Three Strikes law. Appellant’s motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) was heard and denied.