People v. Arenas CA4/1

Filed 11/10/22 P. v. Arenas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079663

Plaintiff and Respondent,

v. (Super. Ct. No. SCS303353)

JEREMY ARENAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne K. Moring, Judge. Affirmed in part, reversed in part and remanded for resentencing. Jill Kent, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal, James M. Toohey and James H. Flaherty III, Deputy Attorneys General.

Defendant Jeremy Arenas grabbed a bag of chips from an ice cream vendor’s pushcart and, when asked to pay, punched the vendor in the face. As the vendor fled the scene, Arenas threatened to kill him with an assault rifle. Based on these events, he was charged and convicted of robbery and

making a criminal threat. (Pen. Code1, §§ 211, 422, subd. (a).) He was also convicted of attempting to dissuade a witness from testifying (§ 136.1, subd. (a)(2)) based on remarks made to the vendor as he testified at the preliminary hearing. Initially sentenced to a 22-year, 4-month prison term, Arenas was resentenced to a 16-year, 4-month term following a prior appeal. On appeal, Arenas again seeks resentencing, arguing he is entitled to the retroactive benefit of two legislative amendments to the Determinate Sentencing Law (DSL). The People concede retroactivity but contend remand is unnecessary on our record. To the contrary, we agree with Arenas that amendments to the DSL introduced in Assembly Bill No. 124 (Stats. 2021, ch. 695, § 5.3) compel resentencing. Arenas is presumptively entitled to lower term sentencing under section 1170, subdivision (b)(6)(A) based on childhood physical and psychological trauma contributing to his crimes. Because there is no indication the trial court would have imposed the same sentence under the new scheme, remand for a full resentencing hearing is necessary. In all other respects, we affirm the judgment.