People v. Picasso CA5

Filed 12/30/21 P. v. Picasso 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082561 Plaintiff and Respondent, (Tulare Super. Ct. v. No. VCF288122B)

RICARDO ORACIO PICASSO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge. Jeffrey S. Kross, 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 Matthew A. Kearney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Detjen, J. and Meehan, J.

This case comes to us for the third time. Defendant argues, and the Attorney General concedes, that two enhancements imposed pursuant to Penal Code section 667.5, subdivision (b)1 must be stricken under Senate Bill No. 136 (2019–2020 Reg. Sess.). We accept the concession and order the judgment modified to reflect that these two enhancements are now stricken. We further conclude that remand is unnecessary and will affirm the modified judgment. BACKGROUND Defendant Ricardo Oracio Picasso was charged with the murder of Eric Reyes (count 1; § 187, subd. (a)), the attempted murder of Juan Arredondo (count 2; §§ 664, 187, subd. (a)), shooting at an inhabited dwelling (count 3; § 246), and possessing a firearm (count 4; § 12021, subd. (a)(1).) The information alleged defendant had suffered a prior serious felony under section 667, subdivision (a). The information alleged the same prior conviction also constituted a serious violent felony under sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). The information also alleged that, as to counts 1, 2, and 3, a principal had personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (d) & (e)(1)), and that defendant personally used (§ 12022.53, subd. (b)) and discharged (§ 12022.53, subd. (c)) a firearm. As to counts 1 and 2, it was alleged defendant personally used a firearm under section 12022.5, subdivision (a). The information also alleged each count was committed for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b).) Finally, the information alleged defendant had suffered four prior convictions under section 667.5, subdivision (b), for which he served a prison term and did not remain free of prison custody for a period of five years before committing an offense resulting in a felony conviction.