People v. Jimenez CA2/1

Filed 4/28/16 P. v. Jimenez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B262821

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA107709) v.

EDGAR GERALDO JIMENEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tia G. Fisher, Judge. Affirmed as modified. Cynthia L. Barnes, 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, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, and Andrew S. Pruitt, Deputy Attorney General, for Plaintiff and Respondent. ——————————

On August 3, 2014, the West Covina police stopped Edgar Geraldo Jimenez (Jimenez) for a traffic violation and searched his vehicle. They found 30.02 grams of methamphetamine, 49 empty baggies, a digital pocket scale, and $573 in cash. The People filed a complaint charging Jimenez with transportation of a controlled substance and possession for sale of a controlled substance; the complaint also alleged that he had two prior felony convictions. After Jimenez pleaded no contest to both counts and admitted the prior strike allegations, the trial court sentenced him to a four-year term on count 2 and a two-year term on count 1, with the terms to run concurrently. On appeal, Jimenez alleges that the trial court erred in denying his Romero1 motion and also alleges that the trial court erred in failing to stay one of the concurrent sentences pursuant to Penal Code section 654.2 We conclude that the trial court did not abuse its discretion in denying the Romero motion; however, we modify the judgment to impose a four-year term on count 1 and to stay execution of sentence on count 2 pursuant to section 654. BACKGROUND I. Facts of the case Before the incident in this case, Jimenez had two convictions. In case No. BA212322, his April 20, 2001 conviction involved an act of domestic violence committed by using a deadly weapon in violation of section 245, subdivision (a)(1). While on probation for that crime, he committed extortion for the benefit of a criminal gang in violation of sections 524 and 186.22, subdivision (b)(1)(A), which led to a conviction on August 18, 2005 in case No. BA277724. For the second crime, Jimenez received and served a four-year prison sentence.