People v. Jaquez CA2/7

Filed 6/22/15 P. v. Jaquez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B258190

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA066339) v.

ANDY JACQUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas Rubinson, Judge. Affirmed as corrected with directions. Katherine Eileen Greenebaum, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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This appeal comes before us a second time. Following a jury trial, Andy Jacquez was convicted on two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1),1 counts 2 and 5); battery with serious bodily injury (§ 243, subd. (d), count 3), false imprisonment by violence (§ 236, count 4), torture (§ 206, count 6), and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1), count 8). The jury found Jacquez not guilty of aggravated mayhem (count 7), but convicted him of the lesser included offense of mayhem (§ 203).2 In a bifurcated proceeding, Jacquez waived his rights to a trial and admitted he had suffered a prior serious or violent felony conviction within the meaning of the three strikes law (§§ 667, subds.(b)-(i), 1170.12, subds. (a)–(d)). The court sentenced Jacquez to an aggregate state prison term of 16 years to life: On count 6 for torture, the court imposed an indeterminate sentence of seven years to life, doubled under the three strikes law for a term of 14 years to life. On the determinate counts the court imposed a consecutive term of two years (one-third the three-year middle term doubled) on count 2 for assault with a deadly weapon, and concurrent terms of 16 months (one-third the two-year middle term doubled) on count 4 for false imprisonment by violence and 16 months (one-third the middle two-year term doubled) on count 8 for dissuading a witness from reporting a crime. The court stayed the sentences on count 3 for battery with serious bodily injury, count 5 for assault with a deadly weapon and count 7 for mayhem pursuant to section 654. Jacquez appealed, raising sentencing issues and a clerical error in the abstract of judgment. After requesting supplemental briefing on additional sentencing errors, we affirmed Jacquez’s conviction, but vacated the sentence and remanded for a new sentencing hearing. (People v. Avila (Apr. 22, 2014, B239400) [nonpub. opn.].)