People v. Ceniceros CA4/3

Filed 4/8/22 P. v. Ceniceros CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G060509

v. (Super. Ct. No. 20CF0435)

PATRICK ANDREW CENICEROS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Sentence vacated and matter remanded with directions. Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, A. Natasha Cortina, Acting Assistant Attorney General, Robin Urbanski and Meredith S. White, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant is currently serving 18 years to life in prison for aggravated arson (Pen. Code, § 451.5, subd. (a)(2)(A))1, arson of an inhabited dwelling (§ 451, subd. (b)), arson of property (§ 451, subd. (d)), and felony animal cruelty (§ 597, subd. (b)). Pursuant to then existing provisions of Penal Code section 654, the trial court imposed the longest indeterminate sentence available, plus a sentencing enhancement, and stayed the indeterminate sentences on the remaining counts. It also imposed a five-year determinate sentence, to be served consecutively, based on an admitted prior serious felony. Defendant contends his sentence must be vacated and the matter remanded for resentencing due to a newly effective amendment to section 654 made by Assembly Bill 518 (2021-2022 Reg. Sess.). The Attorney General concedes the issue. We agree defendant’s sentence must be vacated and the matter remanded for resentencing to allow the trial court to exercise newly afforded discretion under amended section 654.