People v. Bernal CA6

Filed 9/8/22 P. v. Bernal CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048821 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS161881)

v.

RAMON HERNANDEZ BERNAL, JR.,

Defendant and Appellant.

MEMORANDUM OPINION We resolve this case by memorandum opinion pursuant to California Standards of Judicial Administration, Title 8, Standard 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th 847, 853–855.) This case returns on appeal after resentencing. As described in the unpublished 1 opinion from defendant’s first direct appeal : “The District Attorney charged defendant with residential burglary (Pen. Code, § 459); identity theft (Pen. Code, § 530.5, subd. (a)); assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)); three counts of auto burglary (Pen. Code, § 459); tampering with a vehicle (Veh. Code, § 10852); two counts of receiving stolen property (Pen. Code, § 496, subd. (a)); and child endangerment (Pen. Code, § 273a, subd. (b)). The information also alleged two prior serious felonies (Pen. Code, §§ 667, subd. (a), 1170.12, subd. (c)(2)), prior prison terms (Pen. Code, § 667.5, subd. (b)), and committing new offenses while released on bail (Pen. Code,

1 We have taken judicial notice of our earlier opinion at defendant’s request.

§ 12022.1, subd. (b)). The case was tried to a jury and defendant was convicted of all charges. In a bifurcated phase, the court found true all special allegations.” (People v. Bernal (Dec. 5, 2019, H045620) [nonpub. opn.].) Defendant was originally sentenced to an indeterminate term of 85 years to life in prison, which included 20 years for two prior serious felony conviction enhancements (Pen. Code, § 667, subd. (a)) and one year for a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). In the previous appeal, a different panel of this court found no prejudicial trial errors. The judgment was nonetheless reversed and remanded to allow the trial court to exercise its discretion under new legislation making discretionary the previously mandatory Penal Code section 667, subdivision (a) prior serious felony conviction enhancements. On remand, the trial court struck the prior serious felony enhancements, struck the prior prison term enhancement, and resentenced defendant to an indeterminate prison term of 64 years to life consisting of: 25 years to life for first degree burglary (Pen. Code, §§ 459–460, 1170.12, subd (c)(2)); 25 years to life consecutive for assault with a deadly weapon (Pen. Code, §§ 245, subd. (a)(1), 1170.12, subd (c)(2)); six years consecutive for second degree burglary (Pen. Code, §§ 459, 1170.12, subd. (c)(1)) plus two years consecutive for the on-bail enhancement (Pen. Code, § 12022.1, subd. (b)); 16 months consecutive for identity theft (Pen. Code, §§ 530.5; 1170.1, subd. (a), 1170.12, subd. (c)(1)) plus two years consecutive for the on-bail enhancement (Pen. Code, § 12022.1, subd. (b)); 16 months consecutive for second degree burglary (Pen. Code, §§ 459, 1170.1, subd. (a), 1170.12, subd. (c)(1)); and 16 months consecutive for second degree burglary (Pen. Code, §§ 459, 1170.1, subd. (a), 1170.12, subd. (c)(1)). The trial court imposed concurrent terms for the misdemeanor counts. The trial court did not modify the previously imposed fines and fees, which consist of the following: $3,427.90 in direct victim restitution; a $10,000 restitution fine (Pen. Code, § 1202.4, subd. (b)) and a suspended $10,000 parole revocation fine (Pen. Code, § 1202.45); a court operations assessment of $400 (Pen. Code, § 1465.8, subd. (a)(1)); a court facilities assessment of 2