People v. Guerrero CA4/3

Filed 10/19/20 P. v. Guerrero CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G057840, G057843

v. (Super. Ct. Nos. 16CF2953, 15WF1240) ENRIQUE GUERRERO, OPINION Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Appeal dismissed. Cathryn L. Rosciam and Jill M. Kent, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, David E. Madeo and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

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When a defendant is resentenced a trial court must reconsider the entire sentence, including fines and fees. (See People v. Buycks (2018) 5 Cal.5th 857, 893; see also People v. Nilsson (2015) 242 Cal.App.4th 1, 34.) In 2018, a trial court ordered defendant Enrique Guerrero to pay certain fines and fees as part of his sentence. In 2019, the court denied Guerrero’s request to reduce and/or strike the fines and fees. Guerrero filed this appeal; he is arguing the fines and fees violate his right to due process of law. (See People v. Dueñas (2019) 30 Cal.App.5th 1157, 1164.) But earlier this year—as part of a previously filed appeal—this court vacated part of Guerrero’s 2018 sentence and ordered him to be resentenced. Thus, because our resentencing order required the trial court to reconsider its earlier order of fines and fees, we are dismissing this appeal as moot.

I FACTS AND PROCEDURAL HISTORY In 2017, a jury convicted Guerrero of being a felon in possession of a firearm, related crimes, and found true his prior convictions. The trial court imposed a sentence of nine years, four months (15WF1240). This court affirmed the judgment on appeal. (People v. Guerrero (Dec. 7, 2018, G055485) [nonpub. opn.].) In 2018, a jury convicted Guerrero of evading an officer and related crimes. The trial court found Guerrero committed the crimes while out on bail, and found true his prior convictions (16CF2953). The court imposed an aggregate sentence (for both cases) of 12 years, eight months, including two years for two “prison priors.” (Pen. Code, § 667.5, subd. (b).) Due to a retroactive change in the law, we vacated the prison priors and remanded the matter for resentencing in a consolidated appeal. (People v. Guerrero (Feb. 6, 2020, G056876, G056895) [nonpub. opn.] (Guerrero II).) On April 9, 2019, while Guerrero II was pending in this court, Guerrero filed a letter with the trial court asking it to reduce the fines and fees. (See People v.