People v. Bondarenko CA5

Filed 9/20/22 P. v. Bondarenko 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083651 Plaintiff and Respondent, (Super. Ct. No. BF184830A) v.

IRINA OLEGOVNA BONDARENKO, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Kern County. Brian M. McNamara, Judge. Aurora E. Bewicke, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Ian Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Smith, J. and DeSantos, J.

Defendant Irina Olegovna Bondarenko contends on appeal that (1) her sentence must be vacated and remanded for resentencing to permit the trial court to exercise its new discretion under Penal Code section 1170,1 as amended by Assembly Bill No. 124 (2021–2022 Reg. Sess.) (Assembly Bill 124), and (2) that the criminal protective order issued by the trial court was not authorized and must be stricken. The People agree. We vacate defendant’s sentence and remand for resentencing in light of amended section 1170, strike the criminal protective order, and direct the trial court to issue an order vacating the criminal protective order. In all other respects, we affirm. PROCEDURAL SUMMARY On April 19, 2021, the Kern County District Attorney filed an information charging defendant with 15 counts. On September 30, 2021, the trial court granted the prosecution’s motion to dismiss counts 3, 4, 6, 9, 10, 12, and 13. The counts remaining were as follows: burglary (§ 460; count 1); petty theft with a prior theft offense (§ 666, subd. (a); count 2); misappropriation of lost property (§ 485; count 5); being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 7); misdemeanor possession of heroin (Health & Saf. Code, §11350, subd. (a); count 8); possession of metal knuckles (§ 21810; count 11); misdemeanor tampering with a vehicle (Veh. Code, §10852; count 14); and possession of drug paraphernalia (Health & Saf. Code, § 11364; count 15). It was further alleged as to all felony counts (counts 1, 2, 5, 6, 7, 9, & 11) that defendant had a prior strike conviction. (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d).) At trial, after the prosecution rested, the trial court also dismissed count 5 (misappropriation of lost property; § 485). After trial, on stipulation of the parties, count 2 (§ 666) was amended to a misdemeanor charge of petty theft (§ 484).