People v. Tovar CA5

Filed 3/14/23 P. v. Tovar 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082662, F082663 Plaintiff and Respondent, (Super. Ct. Nos. CR-18-006499, v. CR-18-001361)

JESUS TOVAR, OPINION Defendant and Appellant.

THE COURT* APPEAL from judgments of the Superior Court of Stanislaus County. Shawn D. Bessey, Judge. Michelle T. LiVecchi-Raufi, 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, Christopher J. Rench and R. Todd Marshal, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Peña, J.

Defendant Jesus Tovar pled no contest to three offenses and admitted a firearm enhancement and a prior “strike” conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)),1 pursuant to a negotiated plea agreement that globally resolved five criminal cases. The plea agreement included a stipulated upper term on one of the counts of conviction. On appeal, defendant contends that his sentence must be vacated and his case remanded for resentencing in light of Senate Bill No. 567’s (2021–2022 Reg. Sess.) (Senate Bill 567) amendments to section 1170, subdivision (b). The People disagree. We affirm. PROCEDURAL SUMMARY On July 16, 2019, the Stanislaus County District Attorney filed a “unitary” information in Stanislaus Superior Court case Nos. CR-18-006499 and 4005615, charging defendant with evading a police officer (Veh. Code, § 2800.2, subd. (a); count 1), two counts of unlawfully taking and driving of a vehicle (Veh. Code,2 § 10851, subd. (a)(1); counts 2 & 4), and two counts of receiving a stolen vehicle (§ 496d, subd. (a); counts 3 & 5). As to counts 3 and 5, the information further alleged that the value of the vehicles exceeded $950. As to all counts, the information further alleged that defendant had suffered a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) which also qualified as a serious felony conviction (§ 667, subd. (a)(1)), had served two prior prison terms (§ 667.5, former subd. (b)), and had been released on bail or his own recognizance at the time he committed the charged offenses (§ 12022.1). On July 23, 2019, the Stanislaus County District Attorney filed an information in Stanislaus Superior Court case No. CR-18-001361, charging defendant with two counts of robbery (§ 211; counts 1 & 4), three counts of possession of a firearm by a felon