People v. Huerta CA5

Filed 6/21/22 P. v. Huerta 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082949, F082951 Plaintiff and Respondent, (Super. Ct. Nos. F21901813, v. F21902946)

AMADOR SOCORRO HUERTA, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Fresno County. Timothy A. Kams, Judge. Steven A. Torres, 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, Eric L. Christoffersen and Michael A. Canzoneri, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Peña, J.

Defendant Amador Socorro Huerta pled no contest to charges in two criminal cases related to separate incidents of domestic violence and child endangerment. On appeal, defendant contends that (1) his term of imprisonment for contempt of a court order must be reduced from five years to the statutory maximum of three years; (2) various fines and fees must be stricken because they were not ordered by the court in its oral pronouncement of sentence; (3) his sentence must be vacated and the matter remanded in light of Assembly Bill No. 124’s (2021–2022 Reg. Sess.) (Assembly Bill 124) amendments to Penal Code1 section 1170, subdivision (b)(6); and (4) his sentence must be vacated and the matter remanded in light of Senate Bill No. 567’s (2021–2022 Reg. Sess.) (Senate Bill 567) amendments to section 1170, subdivision (b)(1) through (b)(3). The People agree that the amendments to section 1170, subdivision (b)(6), apply retroactively to defendant and require defendant’s sentence to be vacated, and the matter to be remanded for resentencing. We vacate defendant’s sentence and remand for resentencing. In all other respects, the judgment is affirmed. PROCEDURAL SUMMARY On March 2, 2021, the Fresno County District Attorney filed a complaint, in Fresno County Superior Court case No. F21901813, charging defendant with domestic violence with prior convictions for the same (§ 273.5, subd. (f)(1); count 1), criminal contempt of a court order with prior convictions for the same within seven years (§ 166, subd. (c)(4); count 2), and misdemeanor child abuse (§ 273a, subd. (b); count 3). On April 13, 2021, the Fresno County District Attorney filed a complaint, in Fresno County Superior Court case No. F21902946, charging defendant with stalking while subject to a restraining order (§ 646.9, subd. (b); count 1), first degree residential burglary (§§ 459/460, subd. (a); count 2), domestic violence with prior convictions for the same (§ 273.5, subd. (f)(1); count 3), assault by means of force likely to produce great