People v. Villanueva CA5

Filed 1/7/21 P. v. Villanueva 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079910 Plaintiff and Respondent, (Super. Ct. No. BF161323A) v.

MIGUEL VILLANUEVA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John W. Lua, Judge. Kendall Dawson Wasley, 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, Eric L. Christoffersen and Christopher J. Rench, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

1

Defendant Miguel Villanueva contends on appeal that his six one-year prior prison term enhancements should be stricken pursuant to Penal Code section 667.5, subdivision (b),1 as amended by Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136). The People concede the enhancements should be stricken. We strike the prior prison term enhancements, direct the trial court to prepare an amended abstract of judgment, and affirm in all other respects. PROCEDURAL SUMMARY2 On October 16, 2015, the Kern County District Attorney filed an information charging defendant with 27 felonies. In counts 1 through 10, Villanueva was charged with the attempted murder of 10 officers (§§ 187, subd. (a), 664), and in counts 11 through 20, he was charged with assault on a peace officer with a semiautomatic weapon, as to the same officers (§ 245, subd. (d)(2)). As to each attempted murder charge, the information further alleged defendant knew the victims were peace officers (§ 664, subd. (e)(1)), personally used and discharged a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (c)), and had suffered three prior prison terms (§ 667.5, subd. (b)). As to each assault charge, the information alleged the same firearm and prior prison term allegations. Further:

“[Defendant] was also charged with seven additional felonies: unlawfully discharging a firearm at a motor vehicle (count 21; § 246), two counts of unlawfully discharging a firearm at an inhabited dwelling (counts 22-23; § 246), discharging a firearm in a grossly negligent manner that could result in death or injury (count 24; § 246.3, subd. (a)), evading a police officer (count 25; Veh. Code, § 2800.2), unlawfully driving a vehicle without the owner’s consent (count 26; Veh. Code, § 10851, subd. (a)), and possession of a firearm by a felon (count 27; § 29800, subd. (a)(1)). Each