People v. Cordova CA3

Filed 8/31/23 P. v. Cordova CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C097679

Plaintiff and Respondent, (Super. Ct. No. CR16-4827)

v.

ANDRES ALEJANDRO CORDOVA,

Defendant and Appellant.

On December 2, 2016, a jury found defendant Andres Alejandro Cordova guilty of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 664/187, 189; count 1);1 shooting at an inhabited dwelling (§ 246; count 2); assault with a firearm (§ 245, subd. (a)(2); counts 3 through 5); possession of a firearm by a felon (§ 29800, subd. (a)(1); count 6); and possession of ammunition by a felon (§ 30305, subd. (a); count

1 Undesignated statutory references are to the Penal Code.

1

7). The jury also found true numerous firearm enhancements (§§ 12022.53, subds. (b), (c), 12022.5) associated with counts 1, 3, 4, and 5. However, the jury hung on the enhancing allegations that defendant had personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) for counts 1 and 2, and the trial court dismissed these allegations on the prosecutor’s motion. In a bifurcated proceeding, the trial court found true various status enhancements (§§ 667, subds. (a), (c), (e)(1), 667.5 subd. (a)). Thereafter, on April 13, 2017, the trial court sentenced defendant to an aggregate prison term of 14 years to life plus a determinate term of 29 years eight months.2 Defendant appealed, and this court issued an unpublished opinion reversing the true finding on one of defendant’s status enhancements, striking that enhancing allegation, and remanding the matter for a full resentencing. (People v. Cordova (Dec. 18, 2020, C084661).) On remand, defendant filed a motion to strike the firearm enhancements, as well as his status enhancements (a prior strike and a five-year prior serious felony enhancement), which the People opposed. At the resentencing on December 19, 2022, the trial court imposed an aggregate prison term of 14 years to life consecutive to a determinate term of 22 years four months. For the substantive offenses, the court imposed 14 years to life (seven years doubled because of the prior strike) for count 1; 10 years (the midterm of five years doubled) for count 2 (stayed pursuant to § 654); the midterm of two years for counts 3, 4, and 5 (stayed pursuant to § 654); a consecutive sentence of one year four months (one third the midterm doubled) for count 6; plus four years (the midterm doubled) for count 7 (stayed pursuant to § 654).