People v. Galeano CA2/8

Filed 9/21/22 P. v. Galeano CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B313638

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA124522 v.

SERGIO GALEANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Rogelio Delgado, Judge. Affirmed in part, reversed in part, and remanded. Maura F. Thorpe, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Eric J. Kohm, Deputy Attorney General, for Plaintiff and Respondent. ____________________

A jury found Sergio Galeano guilty of burglary and other crimes. Between the start of jury deliberations and sentencing, Galeano requested new counsel several times, but the court did not hold a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). Galeano asks us to reverse his sentence and remand for a Marsden hearing and resentencing. He does not otherwise attack his judgment of conviction. The prosecution correctly concedes we must remand for the court to hold a Marsden hearing. At resentencing, Galeano will have the benefit of several new sentencing laws. Undesignated statutory citations are to the Penal Code. I A jury found Galeano guilty of four counts for his actions on April 23, 2020: first degree residential burglary with a person present (§ 459) (count one), tampering with the contents of a vehicle (Veh. Code, § 10852) (count two), petty theft (Pen. Code, § 484, subd. (a)) (count three), and delaying a peace officer (Pen. Code, § 148, subd. (a)(1)) (count four). Galeano admitted he had a prior strike conviction from October 2014. (§§ 667, subds. (b)–(j), 1170.12, subds. (a)–(d).) Galeano was 25 years old at the time of his offenses. According to the probation report, the Department of Mental Health assessed Galeano in March 2020 and determined he has schizophrenia. Galeano told a psychologist he received mental health treatment beginning when he was 14. On July 8, 2021, the court sentenced Galeano to eight years in state prison: the middle term of four years for count one, doubled due to his prior strike, plus concurrent terms of 180 days for count two, 180 days for count three, and 364 days for count