People v. Becerra CA5

Filed 11/22/22 P. v. Becerra 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084057 Plaintiff and Respondent, (Super. Ct. No. 1489464) v.

ISAIAS JEROME BECERRA, OPINION Defendant and Appellant.

THE COURT * APPEAL from an order of the Superior Court of Stanislaus County. Carrie M. Stephens, Judge. James E. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis A. Vasquez, Lewis A. Martinez and Joseph Penney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Smith, J. and Snauffer, J.

Defendant Isaias Jerome Becerra contends on appeal the trial court’s order denying his petition for resentencing must be reversed and the matter remanded with instructions to the trial court to grant his petition for resentencing and reduce his sentence from 11 years to nine years because the trial court erred when it denied the petition. We reverse the trial court’s order denying defendant’s petition for resentencing. Defendant’s Penal Code section 667.51 enhancements are stricken, and the trial court is directed to issue an amended abstract of judgment to reflect the modification. In all other respects, we affirm. PROCEDURAL SUMMARY On July 10, 2015, the Stanislaus County District Attorney filed a complaint against defendant, alleging he committed robbery (§ 211; count 1), and assault with a deadly weapon (§ 245, subd. (a)(1); count 2). It was also alleged, as to count 1, that defendant personally used a dangerous or deadly weapon, to wit, a knife (§ 12022, subd. (b)). It was further alleged, as to counts 1 and 2, that defendant personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)), that defendant had a prior serious felony “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), that also constituted a prior serious felony conviction (§§ 667, subd. (a), 1192.7, subd. (c)), and that defendant had served seven prior terms in prison (§ 667.5, former subd. (b)). On October 27, 2015, defendant entered a plea of no contest to count 1 (§ 211), admitted the prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), admitted the great bodily injury allegation (§ 12022.7, subd. (a)), and admitted two prior prison terms (§ 667.5, former subd. (b)). Defendant agreed to a stipulated sentence, pursuant to a plea agreement, to serve 11 years in prison: six years on count 1 (the midterm, doubled pursuant to the prior strike conviction), plus a