People v. Gonzalez CA5

Filed 6/22/22 P. v. Gonzalez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081205 Plaintiff and Respondent, (Super. Ct. No. BF160385A) v.

STEVEN PETE GONZALEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Benjamin Owens, 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, Lewis A. Martinez and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

*Before Levy, Acting P. J., Detjen, J. and Peña, J.

In 2018, Steven Pete Gonzalez (defendant) received a prison sentence that included an enhancement imposed under Penal Code section 667.5. (Undesignated statutory references are to the Penal Code.) Effective January 1, 2022, by enactment of section 1171.1, “Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code is legally invalid.” (§ 1171.1, subd. (a).) Section 1171.1 also provides for the resentencing of defendants affected by this change in the law. Defendant claims he is entitled to relief under section 1171.1. The People agree. We accept the People’s concession and remand the cause for resentencing. PROCEDURAL BACKGROUND In December 2015, a jury found defendant guilty of false imprisonment (§§ 236, 237, subd. (a); count 1); making criminal threats (§ 422; count 3); misdemeanor battery upon a spouse or cohabitant (§ 243, subd. (e)(1); count 5) and misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 6). In a bifurcated proceeding, he was found to have suffered two prior serious felony convictions (§ 667, subd. (a)) constituting strikes for purposes of the “Three Strikes” law (§§ 667, subds. (b)– (i), 1170.12). Defendant was also found to have served four prior prison terms within the meaning of former section 667.5, subdivision (b). In January 2016, defendant was sentenced as a third strike offender to 25 years to life on count 3, plus 10 years for the prior serious felony convictions and two years for the prior prison terms.1 Concurrent sentences were imposed on counts 1, 5, and 6. Defendant filed an appeal.