People v. Strada CA5

Filed 6/21/22 P. v. Strada 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082540 Plaintiff and Respondent, (Super. Ct. No. BF181410A) v.

JASON ESTRADA, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge. David W. Beaudreau, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman, and Erin Doering, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION A jury convicted Jason Estrada (defendant) of attempted murder and inflicting corporal injury on a dating partner. The convictions arose from defendant’s assault on his former girlfriend. On appeal, defendant asks us to vacate his sentence and remand the matter for resentencing in light of three newly-enacted bills: (1) Assembly Bill No. 518 (2021–2022 Reg. Sess.) (Assembly Bill 518); (2) Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567); and (3) Assembly Bill No. 124 (2021–2022 Reg. Sess.) (Assembly Bill 124). The People agree defendant is entitled to this relief.1 We concur these legislative enactments require remand for resentencing. FACTUAL BACKGROUND 2 On June 11, 2020, S.D. was at a residence with defendant and another individual. S.D. was in the bathroom while defendant was in the kitchen fixing a broken box cutter. As S.D. straightened her hair, defendant stood in the doorway of the bathroom and watched her. S.D. felt defendant come toward her. She backed up against the wall and noticed she was bleeding. S.D. collapsed to the floor “into a ball” and laid in a fetal position, yelling to the other individual in the residence for help. As S.D. called 911, defendant fled the residence in a red truck. He was arrested at a motel the next day. S.D. sustained a cut to her left facial nerve and her trachea. She spent three days in the hospital, underwent surgery, and received twenty-two staples to close the wound.

1 More specifically, the People agree Assembly Bill 124 applies retroactively to defendant and he is entitled to resentencing on that ground. Consequently, they do not address defendant’s claims with respect to Senate Bill 567 and Assembly Bill 518 and concede he may seek the benefit of these legislative enactments on remand. 2 We only recite the facts necessary for resolution of this appeal.