People v. Perez CA5

Filed 4/24/15 P. v. Perez CA5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F067512 Plaintiff and Respondent, (Super. Ct. No. 11CM7119) v.

JULIO PEREZ et al., OPINION

Defendants and Appellants.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Kim Malcheski, under appointment by the Court of Appeal, for Defendant and Appellant Julio Perez. Law Offices of Allen G. Weinberg and Derek K. Kowata, under appointment by the Court of Appeal, for Defendant and Appellant Ramon Reyes Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

______________________ * Before Poochigian, Acting P.J., Franson, J., and Peña, J.

INTRODUCTION On February 5, 2013, a second amended information was filed against codefendants Julio Perez, Ramon Reyes, and Juan Jaimes.1 The defendants were charged with attempting to deter three different correctional officers. Three counts of attempting to deter an executive officer were alleged as to each officer. (Pen. Code, § 69, subd. (a); counts 1 [Officer Rocha], 2 [Officer Ramirez], & 3 [Officer Garcia].)2 The information alleged one count of battery of a correctional officer (§ 4501.5, count 4 [Officer Ramirez]). The information alleged that Perez had four prior serious felony convictions within the meaning of the three strikes law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)- (d)) and Reyes had one such prior conviction. The jury acquitted all three defendants of count 4, found them guilty of counts 1 and 2, and found them guilty of the lesser included offense of misdemeanor resisting arrest (§ 148, subd. (a)(1)) in count 3. The jury found the strike allegations against both defendants to be true. At the sentencing hearing, on May 22, 2013, the trial court denied a request by Perez to strike at least one of his prior serious felony allegations pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The trial court also rejected Perez’s motions to reduce his current felony convictions to misdemeanors, pursuant to section 17, subdivision (b), and to stay sentence on one violation of section 69, pursuant to section 654. The trial court sentenced Perez to a term of 25 years to life on count 1, to a concurrent term of 25 years to life on count 2, and one year on count 3. These sentences were consecutive to the term Perez was serving in prison.