People v. Perez CA5

Filed 9/6/23 P. v. Perez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084242 Plaintiff and Respondent, (Super. Ct. No. LF013561A) v.

ALEJANDRO RAMIREZ PEREZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Kieran D. C. Manjarrez, 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, Ivan P. Marrs and Jennifer M. Poe, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Smith, Acting P.J., Meehan, J., DeSantos, J.

Defendant Alejandro Ramirez Perez limits the appeal of his conviction to the question of whether the trial court was required to strike two enhancements to his sentence under Penal Code1 section 1385, subdivision (c). We must acknowledge this particular issue is currently before our Supreme Court in the case of People v. Walker (2022) 86 Cal.App.5th 386 (Walker), review granted March 22, 2023, S278309. We further note, several cases addressing the issue also have been granted review by the Supreme Court, but are being held until Walker is decided, including at least one from this district.2 However, while acknowledging the uncertainty surrounding the correct standard to apply when courts impose sentences subject to section 1385, we affirm the sentence imposed in this case. PROCEDURAL SUMMARY An amended information was filed on March 7, 2022, charging defendant with attempted murder (§§ 664/187, subd. (a), a felony; count 1), assault with a deadly weapon (§ 245, subd. (a)(1), a felony; count 2), corporal injury of a spouse (§ 273.5, a felony; count 3). Count 1 further alleged that the crime was committed by means of lying in wait or with deliberation and premeditation (§ 189, subd. (a)). The information alleged as to all counts that defendant personally inflicted great bodily injury on the victim (§ 12022.7, subd. (e)), and, as to counts 1 and 3, that defendant personally used a deadly weapon (§ 12022, subd. (b)(1)). Following a jury trial, defendant was found guilty on all counts. The jury further found as to all counts that the crimes involved great violence, great bodily harm, a threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness, that defendant was armed with or used a weapon in the commission of the