People v. Heng CA6

Filed 10/13/22 P. v. Heng CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H048570 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. B1800963, C1883504, C1886296, C1889836, C1915287) v.

KOKHOW DANNY HENG,

Defendant and Appellant.

Appellant Kokhow Danny Heng pleaded no contest to multiple offenses in five criminal cases and was sentenced to a total term of 10 years in prison. His appointed counsel filed a brief that states the case and the facts but raises no arguable issues, citing People v. Wende (1979) 25 Cal.3d 436. We notified Heng of his right to submit written argument on his own behalf, and he has not done so. After conducting an independent review of the record, we requested the parties file supplemental briefs addressing whether the trial court imposed an unauthorized sentence in one of Heng’s criminal cases and whether Heng is entitled to resentencing due to recent amendments made to Penal Code section 654 by Assembly Bill No. 518 (2021-2022 Reg. Sess.).1 Both parties have filed supplemental briefs agreeing that the sentence in case number C1883504 was

1 Unspecified statutory references are to the Penal Code.

unauthorized and remand for resentencing is required. We reverse the judgment and remand the matter for resentencing. I. BACKGROUND On December 9,2019, Heng entered pleas in five separate criminal cases as follows with the understanding that he would face a maximum term of 10 years 8 months in prison: In case number B1800963, Heng pleaded no contest to reckless driving (Veh. Code, § 2800.2, subd. (a)), possession of ammunition by a prohibited person (§ 30305, subd. (a)(1)), possession of a firearm by a convicted felon (§ 29800, subd. (a)(1)), unlawful possession of a controlled substance while armed with a loaded firearm (Health & Saf. Code, § 11370.1, subd. (a)), and possession of personal information of 10 or more people with the intent to defraud (§ 530.5, subd. (c)(3)). Heng also admitted a prior strike conviction (§§ 667, subd. (b)-(i), 1170.12). In case number C1883504, Heng pleaded no contest to three counts of acquiring or obtaining personal identification information with the intent to defraud with a prior conviction (§ 530.5, subd. (c)(2); counts 1-3) and admitted a prior strike conviction (§§ 667, subd. (b)-(i), 1170.12). In case number C1886296, Heng pleaded no contest to forgery (§ 470, subd. (a)) and admitted a prior strike conviction (§§ 667, subd. (b)-(i), 1170.12). In case number C1889836, Heng pleaded no contest to acquiring or obtaining personal identifying information of ten or more people with the intent to defraud (§ 530.5, subd. (c)(3)) and admitted a prior strike conviction (§§ 667, subd. (b)-(i), 1170.12). And finally, in case number C1915287, Heng pleaded no contest to possession of a controlled substance or paraphernalia in jail (§ 4573.6, subd. (a)) and admitted a prior strike conviction (§§ 667, subd. (b)-(i), 1170.12).