People v. Aguirre CA3

Filed 7/25/23 P. v. Aguirre CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C096369

Plaintiff and Respondent, (Super. Ct. No. 10F04114)

v.

CARLOS RENE AGUIRRE,

Defendant and Appellant.

Defendant Carlos Rene Aguirre was convicted of multiple charges related to a 2010 bank robbery. In 2021, this court affirmed the convictions but remanded the matter back to the trial court for a resentencing hearing, so that the trial court could consider exercising its discretion to strike gun enhancements and a prior serious felony enhancement. (People v. Aguirre (July 2, 2021, C085307) [nonpub. opn.] (Aguirre).) Defendant argues the trial court erroneously denied his request to strike the prior serious felony enhancement. We will affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND In January 2010, a man wearing a ski mask walked into a bank, grabbed Kelly C. from behind, put a gun to her head, and ordered everyone else to the ground. He demanded money from two bank tellers, and they put approximately $50,000 into his backpack. He then returned to the front of the bank and demanded Kelly C.’s car keys. She complied, and the man took off his mask and fled in her car. DNA recovered from the mask matched defendant’s DNA. (Aguirre, supra, C085307.) There were three other bank employees present during the robbery. In February 2017, a jury found defendant guilty of carjacking (Pen. Code, § 215, subd. (a); count one)1 and six counts of second degree robbery (§ 211; counts two-seven). As to each count, the jury also found true that defendant personally used a firearm. (§ 12022.53, subd. (b).) The trial court found true that defendant had a prior serious felony conviction (§§ 667, subd. (a), 1192.7, subd. (c)) and a prior strike (§ 667, subds. (c) & (e)(1)), based on a 1997 conviction for assault with a firearm (§ 245, subd. (a)(2)). (Aguirre, supra, C085307.) Defendant was 15 years old when he committed the strike offense. In June 2017, the trial court sentenced defendant to an aggregate prison term of 30 years four months, which included doubling a term for the prior strike, adding a five-year term for the prior serious felony enhancement, and terms for the firearm enhancements. (Aguirre, supra, C085307.) In July 2021, we affirmed the convictions but remanded the matter for the trial court to consider exercising its discretion to strike the firearm enhancements and the prior serious felony enhancement. We also permitted defendant to renew his motion to strike the prior conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. (Aguirre, supra, C085307.)