People v. Perez CA2/2

Filed 1/28/21 P. v. Perez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B305650

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA078030) v.

CRISTINO PEREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael A. Cowell, Judge. Affirmed as modified.

Richard B. Lennon and Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Heather B. Arambarri, Deputy Attorneys General, for Plaintiff and Respondent.

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Cristino Perez (defendant) appeals the trial court’s denial of his postconviction motion for relief, arguing for the first time on appeal that his sentence is unauthorized. He is right, so we direct the trial court to modify the abstract of judgment but otherwise affirm. FACTS AND PROCEDURAL BACKGROUND I. The Underlying Crimes1 On two separate occasions in 2003, defendant robbed workers at two different textile factories at gunpoint. On both occasions, he took cell phones and other belongings from the textile workers; during the second occasion, he also absconded with $120,000 in cloth. II. Jury Verdicts A jury convicted defendant of three counts of robbery (Pen. Code, § 211),2 five counts of false imprisonment (§ 236), and one count of attempted robbery (§§ 211, 664). As to all of the counts, the jury found true the allegations that defendant had “personally used” a firearm, but the statutory bases for those findings were not the same: As to the robbery and attempted robbery counts, the jury found “personal use” under section 12022.53, subdivision (b); as to the false imprisonment counts, the jury found “personal use” under section 12022.5, subdivision (a).