People v. Opada CA3

Filed 1/31/23 P. v. Opada CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE,

Plaintiff and Respondent, C095530

v. (Super. Ct. No. 62170477)

OPADA JOSEPH OPADA,

Defendant and Appellant.

A jury convicted defendant Opada Joseph Opada of attempted murder and assault with a deadly weapon. The trial court sentenced him to life with the possibility of parole for the attempted murder, a consecutive four-year upper term for the assault with a deadly weapon, a consecutive three-year term for a finding of great bodily injury, and a consecutive one-year term for use of a deadly weapon.

1

Defendant now contends the case should be remanded for resentencing in light of recent amendments to Penal Code section 11701 made by Senate Bill No. 567 (2021- 2022 Reg Sess.) (Stats. 2021, ch. 731, § 1.3). We will vacate defendant’s sentence and remand for resentencing. BACKGROUND While in a library, defendant repeatedly stabbed an individual in the chest with a knife. On his way out of the library, defendant slashed another person across the face. Defendant also slashed an off-duty officer who attempted to subdue him. The jury found defendant guilty of attempted murder (§§ 664, 187, subd. (a)) and found true allegations of premeditation, great bodily injury (§ 12022.7, subd. (a)), and use of a deadly weapon (§ 12022, subd. (b)(1)). The jury also found defendant guilty of assault with a deadly weapon. (§ 245, subd. (a)(1).) At sentencing, the trial court considered the following aggravating factors: (1) that this was a crime of great violence, (2) that a victim sustained great bodily harm, (3) that the crime involved a high degree of cruelty, viciousness, and callousness, (4) that a victim was vulnerable, and (5) that defendant presents a danger to others. The trial court also considered defendant’s assertion of mitigating circumstances and ultimately sentenced defendant as follows: a term of life in prison with the possibility of parole for the attempted murder (§§ 664, 187, subd. (a)), a consecutive four-year upper term for the assault with a deadly weapon (§ 245, subd. (a)(1)), a consecutive three-year term for the finding of great bodily injury (§ 12022.7, subd. (a)), and a consecutive one-year term for the use of a deadly weapon (§ 12022, subd. (b)(1)).