People v. Mendoza

Filed 11/15/16 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B272222 (Super. Ct. No. 2011026481) Plaintiff and Respondent, (Ventura County)

v.

JUAN VICTOR MENDOZA,

Defendant and Appellant.

In People v. Sellner (2015) 240 Cal.App.4th 699 (Sellner), we held that when a trial court grants Proposition 47 relief for a principal term, the court must resentence the defendant on the subordinate term. Here, we hold that when a trial court grants Proposition 47 relief for a subordinate term, the court may resentence the defendant on any component of the aggregate term. Juan Victor Mendoza pleaded guilty to several offenses and admitted various allegations in case number 2011026481 (Case A) and case number 2011009143 (Case B). In October 2012, the trial court sentenced him to an aggregate determinate sentence of nine years state prison. In Case A, the

court selected count 1 (Pen. Code, § 186.22, subd. (a))1 as the principal term and imposed 32 months state prison with a consecutive five-year prior serious felony enhancement (§ 667, subd. (a)(1)). The court imposed concurrent sentences of 32 months state prison for counts 2 and 3 (§ 594, subd. (b)(1)), with concurrent two-year gang enhancements (§ 186.22, subd. (b)). In Case B, the court imposed a 16-month sentence on count 1 (Health & Saf. Code, § 11377), to run consecutive to Case A. Four years later, the trial court granted Mendoza’s Proposition 47 petition in Case B, and reduced the offense to a misdemeanor. (§ 1170.18.) The court resentenced Mendoza to a consecutive one-year term in county jail, deemed served. In Case A, the court modified the previous concurrent 32-month sentence in count 2 to become a consecutive 16-month prison term. Counts 1 and 3 remained the same. DISCUSSION Mendoza contends the trial court lacked jurisdiction to resentence him in Case A. He also claims and the Attorney General concedes the sentence was unauthorized because it was longer than the original sentence. We modify the judgment to reflect a concurrent sentence in Case B, but otherwise affirm. When a trial court grants Proposition 47 relief on an eligible felony offense, it resentences the defendant to a misdemeanor. (§ 1170.18, subd. (b).) Proposition 47 does not limit the court to rigid sentencing options. (See Sellner, supra, 240 Cal.App.4th 699; People v. Acosta (2016) 247 Cal.App.4th 1072, 1076-1077 (Acosta).) A trial court may reconsider any