People v. Villa CA2/6

Filed 6/9/15 P. v. Villa CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B260672 (Super. Ct. No. 2012023527) Plaintiff and Respondent, (Ventura County)

v.

ANTHONY RECINOS VILLA,

Defendant and Appellant.

Pursuant to a plea agreement, appellant Anthony Recinos Villa pled guilty in three cases and was sentenced to an aggregate term of three years four months in prison. Following passage of Proposition 47, the Safe Neighborhoods and Schools Act, appellant petitioned for resentencing in two of these cases. The trial court granted the requested relief but simultaneously increased his sentence in the third case, at issue here, so that the overall duration of his confinement would remain the same. Appellant contends that this was unauthorized. We disagree and affirm. FACTS We briefly summarize the facts of the offense from the probation officer's report. Appellant and the mother of his three-year-old daughter (mother) were arguing about money. He slapped her four times across the face. As she tried to run away, he grabbed her by the hair and scratched her on the back of her neck. She ran off, but appellant found her hiding in the bathroom and dragged her back to the dining room. He

punched her in the eye. When she began to yell for help, he placed her on her back, pushed his knee into her stomach, and began choking her with both hands. He stopped when their daughter, standing next to them, cried, "No papi!" A few weeks later, mother tried to leave her house with a friend. Appellant stopped her, stating, "You're not going anywhere, you bitch." He sat down on her lap to keep her seated on the couch. He told his friend Muggs to retrieve a gun and a knife. Muggs returned with a gun in his waistband and handed appellant a six-inch knife. Appellant poked mother with it in the back of her arm while they were arguing. Mother's friend ran out and called the police. When officers arrived, they ordered mother to leave the residence with her daughter. Mother could not comply because appellant was holding her against her will. Mother and her daughter eventually left the residence after a SWAT team arrived. PROCEDURAL BACKGROUND An information charged appellant with one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)),1 two counts of corporal injury to a cohabitant (§ 273.5, subd. (a)), and one count of false imprisonment by violence (§ 236). Pursuant to a negotiated agreement, appellant pled guilty to the assault charge and one of the corporal injury charges. The trial court suspended imposition of the sentence and placed appellant on formal probation for three years with terms and conditions including that he serve 270 days in county jail. Appellant's probation was terminated unsuccessfully after repeated violations. In each of two separate cases (numbers 2014019230 & 2014020757), appellant pled guilty to one count of felony drug possession (Health & Saf. Code, § 11377, subd. (a)) and admitted a prior strike. In a "package resolution of the three matters," the trial court sentenced appellant to an aggregate term of three years four months in prison. This was calculated as follows: In one of the drug possession cases, number 2014020757, appellant was sentenced to the low term of 16 months, doubled to