People v. Mendoza CA2/8

Filed 7/9/21 P. v. Mendoza CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE OF THE STATE OF B302741, B306075 CALIFORNIA, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. YA097918)

v.

RENE MENDOZA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Vincent Okamoto, Judge. Reversed and remanded with direction.

Maura F. Thorpe, under appointment by the Court of Appeal, for Defendant and Appellant.

Robert A. Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

On June 13, 2019, appellant Rene Mendoza was charged with attempted second degree robbery in violation of Penal Code sections 664 and 211; possession for sale of a controlled substance in violation of Health and Safety Code section 11378; and possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a). Two prior attempted murder convictions were also alleged both as two prior strikes and two serious felony conviction enhancements pursuant to Penal Code sections 1170.12, subdivision (b) and 667, subdivision (a)(1). Before trial, appellant pleaded no contest to possession of a controlled substance. The trial court dismissed the possession for sale count. On June 21, 2019, a jury convicted appellant of the sole remaining count, attempted second degree robbery. During trial appellant waived his right to a jury trial on the sentencing enhancements and the court set a bench trial for October 3, 2019, the same date set for sentencing. On October 3, 2019, the court did not try the enhancements. Neither did appellant admit them. The trial court struck one of appellant’s strikes pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and sentenced appellant to 14 years in state prison. This sentence included two consecutive five-year prior serious felony conviction enhancements, a consecutive term of three years for the robbery, and 364 consecutive days on the drug count. In February 2020, the trial court restated the sentence as a total of 13 years. On March 2, 2020, the trial court restated the sentence again as the