People v. Sanchez CA5

Filed 12/16/21 P. v. Sanchez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081163 Plaintiff and Respondent, (Super. Ct. No. BF048598A) v.

PABLO SANCHEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Laura P. Gordon, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Snauffer, J.

Defendant Pablo Sanchez was convicted of first degree murder and three counts of attempted murder. As to each count, defendant was found to have personally used a firearm. The trial court imposed an aggregate term of 74 years to life, including four consecutive 10-year enhancements. Defendant contends on appeal that the trial court’s imposition of the consecutive 10-year terms for each firearm enhancement violated the ex post facto clauses of the United States and California Constitutions. The People agree. We modify the firearm enhancements to two-year terms on each count. As modified, we affirm. PROCEDURAL SUMMARY On March 10, 2020,1 the Kern County District Attorney filed a second amended information charging defendant with the May 21, 1988 murder of Alfredo Quinones-Burciaga (Pen. Code, § 187;2 count 1) and three counts of attempted murder on the same date (§§ 187, subd. (a), 664; counts 2 through 4). As to each count, the second amended information alleged defendant personally used a firearm (§ 12022.5, subd. (a)). As to counts 2 through 4, the second amended information alleged defendant inflicted great bodily injury (§ 12022.7, subd. (a)). On March 17, the jury found defendant guilty on all counts and found all special allegations true. On May 13, the trial court sentence defendant to a term of 74 years to life as follows: on count 1, 25 years to life, plus a 10-year firearm enhancement; on counts 2 through 4, consecutive terms of life with minimum parole eligibility in seven years, plus 10-year firearm enhancements, plus three-year great bodily injury enhancements. On May 13, defendant filed a notice of appeal.