People v. Longoria CA4/3

Filed 3/1/23 P. v. Longoria CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061584

v. (Super. Ct. No. 18CF1152)

VINCENT SAMUEL LONGORIA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Robert A. Knox, Judge. Affirmed in part, reversed in part, and remanded with directions. Jeffrey S. Kross, 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, Christopher P. Beesley and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.

Vincent Samuel Longoria appeals from a judgment after a jury convicted him of carjacking and vandalism. He argues the trial court erred by failing to stay execution of his sentence on the vandalism conviction pursuant to Penal Code section 654.1 The Attorney General agrees, as do we. Accordingly, we reverse this aspect of Longoria’s sentence and remand with directions. In all other respects, we affirm the judgment. FACTS Brian N. was taking an afternoon break from his restaurant job. He was sitting in the driver’s seat of his Toyota, which was parked in a lot near the restaurant. His car keys were on his lap, and the driver-side door was open. Brian N. saw a man, later identified as Longoria, approaching him. Longoria said he “needed” or “wanted” the car and grabbed the keys from Brian N.’s lap. A struggle ensued. As Brian N. was trying to get out of the car, Longoria dragged him out by the shirt. Longoria shoved Brian N. against a nearby Nissan, creating a dent in its side. After Longoria punched him in the ribs and face, Brian N. fell to the ground. Longoria then got into the Toyota and drove off. An information charged Longoria with felony carjacking (§ 215, subd. (a); count 1) and misdemeanor vandalism of the Nissan (§ 594, subd. (a); count 2). A jury found Longoria guilty on both counts. Without objection, the court sentenced him to five years in state prison on count 1 and 180 days in county jail on count 2, to be served concurrently.2 The court awarded Longoria 226 days of total credit.