People v. Alatorre CA4/3

California Court of Appeal Mar 9, 2023 No. G060755Unpublished

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Holding. The court affirmed the defendant's convictions and the trial court's denial of the Romero motion, but remanded for resentencing to allow the trial court to exercise discretion under amended Penal Code sections 654 and 1385 and to correct the abstract of judgment.

Issues

Did the trial court abuse its discretion by partially denying the Romero motion to strike prior convictions?
Must the case be remanded for resentencing under amended Penal Code sections 654 and 1385?
Does the abstract of judgment require correction to reflect the oral pronouncement of the sentence?

Disposition. Affirmed in part, reversed in part, and remanded.

Quotations verified verbatim against the opinion

“the trial court was therefore acting within its discretion when it treated those convictions as multiple strikes.”

“We affirm all convictions suffered by Alatorre. We reverse the judgment for resentencing only on the issues discussed.”

“The Attorney General agrees that remand is appropriate so the trial court can exercise its discretion under section 654, and that amended section 1385 applies to any resentencing by the trial court.”

Filed 3/9/23 P. v. Alatorre 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G060755

v. (Super. Ct. No. 19WF1594)

CASSEY DELGADO ALATORRE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Patrick H. Donahue, Judge. Affirmed in part, reversed in part, and remanded. Avatar Legal and Jason L. Jones, 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, Eric A. Swenson, Warren J.

Williams and Christine Y. Friedman, Deputy Attorneys General, for Plaintiff and Respondent. * * [1] This appeal concerns the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and other sentencing issues. Cassey Delgado Alatorre was convicted of first degree murder, robbery, possession of a firearm as a felon, and related firearm enhancements, and the trial court found he had committed two prior strikes. At sentencing, the court struck the two priors for purposes of some but not all counts and sentenced Alatorre to a total term of 50 years to life. Alatorre argues that the trial court abused its discretion in partially denying his motion to strike the two priors, that his case must be remanded for resentencing under recent amendments to sections 654 and 1385, and that the abstract of judgment must be corrected to accurately reflect the sentence imposed by the court. We reject his first argument but agree on the remaining issues. We therefore affirm the judgment but remand the matter for resentencing as outlined below.

People v. Alatorre CA4/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

CASSEY DELGADO ALATORRE, OPINION

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