People v. Jaime CA5

Filed 9/10/20 P. v. Jaime CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F079152 Plaintiff and Respondent, (Super. Ct. No. BF173707A) v.

MIGUEL JAIME, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. Jean M. Marinovich, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Amanda D. Cary and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Smith, J. and DeSantos, J.

Defendant Miguel Jaime contends on appeal that a one-year prior prison term enhancement, used both to calculate his minimum indeterminate term and to enhance that term, should be stricken pursuant to Senate Bill No. 136 (2019-2020 Reg. Sess.; Stats. 2019, ch. 590, § 1) (Senate Bill 136). The People concede, and we agree. Accordingly, we modify the minimum indeterminate term and strike the prior prison term enhancement. In all other respects, we affirm. PROCEDURAL SUMMARY On November 20, 2018, the Kern County District Attorney charged defendant with the murder of Alvin Moore (Pen. Code, § 187, subd. (a);1 count 1). The information further alleged that the offense was premeditated (§ 189), that defendant personally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)), had suffered two prior felony “strike” convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), had suffered two prior serious felony convictions (§ 667, subd. (a)), and had served three prior prison terms (§ 667.5, subd. (b)). On March 18, 2019, a jury found defendant guilty of second degree murder, found the firearm allegation true, but found the premeditation allegation not true.2 On the same date, in a bifurcated proceeding, the trial court found all of the remaining allegations true. On April 16, 2019, the trial court sentenced defendant pursuant to section 667, subdivision (e)(2)(A)(iii) of the Three Strikes law because defendant had suffered two prior strike convictions. The court calculated a 51-year-to-life minimum indeterminate term on count 1 as follows: 15 years for the underlying second degree murder conviction, 25 years to life for the firearm enhancement (§ 12022.53, subd. (d)),