People v. Mendoza CA4/3

Filed 6/10/22 P. v. Mendoza 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G060290

v. (Super. Ct. No. 13CF0684)

ALBERTO MATT MENDOZA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed in part, reversed in part, and remanded with directions. Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting, Acting Assistant Attorney General, Eric A. Swenson and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant Alberto Matt Mendoza of committing sex offenses against two children and found true related sentencing allegations. The trial court imposed a sentence of 66 years, plus 60 years to life (126 years to life). Mendoza challenges many aspects of his sentence and argues resentencing 1 is needed due to a recent amendment to Penal Code section 654. The Attorney General concedes there were some sentencing errors and agrees the amendment is retroactive. Thus, we reverse Mendoza’s sentence in part and remand the matter for resentencing with directions. In all other aspects, we affirm the judgment.

I FACTS AND PROCEDURAL BACKGROUND In 2007, Mendoza tackled 16-year-old Jane Roe from behind as she was walking home one night. Mendoza got on top of Roe and stuck his finger in her vagina. Roe stabbed Mendoza with a small knife she used for protection, and he ran away. In 2013, Mendoza picked up 10-year-old Jane Doe from her home (at about 1:30 p.m.), ostensibly to take her to a birthday party. Mendoza was a family friend. As they were walking to his nearby home, Mendoza had Doe drink some juice that tasted like medicine, which made Doe feel dizzy. At his home, Mendoza told Doe to sit on a couch. Mendoza rubbed lotion on Doe’s neck, arms, stomach (under her shirt), and pelvic area (underneath her underwear). Mendoza kissed Doe’s earlobes. Doe felt uncomfortable and tried to get up, but Mendoza pulled her down and told her to relax. They walked to a park and when they returned, Mendoza had Doe drink some more liquid that tasted like medicine. Doe fell asleep. When Doe woke up, she felt dizzy. Doe was on the couch with her legs wide open. Mendoza was inches away, zipping up his pants. Mendoza eventually took Doe