People v. Saavedra

Filed 6/9/22 P. v. Saavedra

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082030 Plaintiff and Respondent, (Super. Ct. No. 20CR-01448) v.

RAMON APODACA SAAVEDRA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Steven K. Slocum, Judge. Nancy Wechsler, 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, Clara M. Levers and Julie A. Hokans, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Smith, J. and Meehan, J.

In this appeal, defendant Ramon Apodaca Saavedra only challenges the sentence imposed. Following our review of the relevant legal standards governing the calculation of his sentence, along with a consideration of recent legislative changes, we find no error in the sentence imposed. We, therefore, affirm the judgment, and direct the trial court to prepare an amended abstract of judgment accurately reflecting the full sentence imposed on defendant at the sentencing hearing, along with the presentence credits earned at the time of sentencing. SUMMARY Because defendant raises no claims addressing his conviction, we restrict this summary to the facts necessary to resolve the challenges to his sentence. On September 4, 2020, defendant was found guilty by a jury of committing one count of vandalism exceeding $400, a felony (Pen. Code,1 § 594, subd. (a)), a second count of resisting, delaying, or obstructing a peace officer, a misdemeanor (§ 148, subd. (a)(1)), and a third count of driving with a suspended or revoked driver’s license, a misdemeanor (Veh. Code, § 14601.2, subd. (a)) (case No. 20CR-01448; “case 448”). At the time of his conviction, defendant was also subject to another unresolved case in which he was charged with driving with a blood-alcohol level of .08 percent or higher (Veh. Code, § 23152, subd. (b)) (case No. 20CR-01433; “case 433”). Three additional cases against defendant were also pending at this time.2 On November 5, 2020, defendant was sentenced in both case 448 and case 433, pursuant to a negotiated plea agreement. After accepting the plea, the trial court dismissed the three separate cases that were still pending against defendant.