People v. Meraz CA2/2

Filed 2/18/16 P. v. Meraz CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260497

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA090871) v.

JORGE ESTEBAN MERAZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Jared D. Moses, Judge. Affirmed as modified.

Gloria C. Cohen, 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, Victoria B. Wilson and Garett A. Gorlitsky, Deputy Attorneys General, for Plaintiff and Respondent. __________________

In an information filed by the Los Angeles County District Attorney’s Office, defendant and appellant Jorge Esteban Meraz was charged with first degree residential burglary, person present (Pen. Code, § 459, count 1),1 first degree residential burglary (§ 459, count 2), and attempted first degree residential burglary (§§ 664/459, count 3). As to all counts, it was further alleged that appellant had suffered three prior strikes (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), had suffered two previous serious felonies (§ 667, subd. (a)), and had served three prior prison terms (§ 667.5, subd. (b)). Appellant pleaded not guilty and denied the allegations. Trial was by jury. The jury found appellant guilty as charged. In a bifurcated court trial on appellant’s prior convictions, appellant admitted, and the trial court found true, all prior conviction allegations. Appellant’s motion2 pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 was heard and denied. The trial court denied probation and sentenced appellant to 105 years to life in state prison as follows: 25 years to life on count 1, plus 10 years for two prior serious felonies; 25 years to life on count 2, plus 10 years for two prior serious felonies, to run consecutively; and 25 years to life on count 3, plus 10 years for two prior serious felonies, to run consecutively. He was awarded 456 days of presentence custody credit, consisting of 397 actual custody days and 59 days of conduct credit. The trial court also imposed various fines and fees. Appellant timely filed a notice of appeal. On appeal, he argues: (1) His sentence amounts to cruel and unusual punishment in light of his mental illness; (2) The evidence is insufficient to sustain his 1993 conviction as a serious felony, so it should be stricken; and (3) The abstract of judgment must be amended to correct clerical errors.