People v. Villegasluna CA3

Filed 8/2/22 P. v. Villegasluna CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C094220

v. (Super. Ct. No. 20CF00514)

MIRELLA ANABEL VILLEGASLUNA,

Defendant and Appellant.

Appointed counsel for defendant Mirella Anabel Villegasluna asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We requested supplemental briefing from the parties regarding the possible impact of ameliorative sentencing legislation, including Assembly Bill No. 124 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 695, § 5) (Assembly Bill 124) and Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731, § 1.3) (Senate Bill 567), which both amended Penal Code section 1170 1 and

1 Undesignated statutory references are to the Penal Code.

1

went into effect while defendant’s appeal was pending. 2 Having considered the parties’ supplemental briefs and their joint motion for calendar preference and request for immediate issuance of remittitur,3 and having reviewed the record, we will affirm defendant’s convictions but vacate her sentence and immediately remand the matter for resentencing. I During the relevant time period, defendant was in an abusive relationship with her boyfriend, who threatened to kill her and her family if she did not force her daughter to engage in sex acts with him. Defendant forced and instructed her nine-year-old daughter to orally copulate the boyfriend and also forced her daughter to receive oral sex from the boyfriend. Marijuana, pay-owe sheets, and a large amount of cash were located in defendant’s apartment, and defendant admitted that she cultivated the marijuana for sale. In September 2020, defendant pleaded no contest to acting in concert with force to commit oral copulation on a victim under 14 years of age (§ 287, subd. (d)(2)), along