People v. Thompson CA5

Filed 9/21/23 P. v. Thompson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085690 Plaintiff and Respondent, (Super. Ct. No. CF96571402) v.

ALLEN CORTEZ THOMPSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge. Sylvia W. Beckham, 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, Julie A. Hokans and Dina Petrushenko, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Meehan, J. and DeSantos, J.

Defendant Allen Cortez Thompson was resentenced after this court reversed an order in a prior appeal when the trial court failed to properly consider a request from the Secretary of the Department of Corrections and Rehabilitation (CDCR) to recall his original sentence. (People v. Thompson (March 29, 2022, F083075) [nonpub. opn.].) Defendant now appeals the new sentence he received following remand, arguing the trial court failed to properly consider his motion made pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). Our review leads us to conclude the trial court’s determination on the Romero motion did not constitute an abuse of discretion, and we thus affirm the new sentence imposed. However, on a separate issue, this case requires the preparation of an amended abstract of judgment to reflect all the time defendant has actually served since he was originally sentenced in 1997. BACKGROUND SUMMARY In 1996, an information was filed charging defendant with kidnapping with the intent to commit robbery (Pen. Code,1 § 209, subd. (b) [Stats. 1990, ch. 55, § 3],2 a felony; count 1), second degree robbery (§§ 211, 212.5, subd. (c), a felony; count 2), negligent discharge of a firearm (§ 246.3 [Stats. 1988, ch. 1275, § 1], a felony; count 3), and being a felon in possession of a firearm (former § 12021, subd. (a)(1) [Stats. 1995, ch. 178, § 1], a felony; count 5).3 The information further alleged defendant was armed with a firearm in the commission of the robbery (§ 12022, subd. (a)(1)), and personally used a firearm (§ 12022.5, subd. (a)) in the commission of both the kidnapping and robbery. Finally, the information alleged defendant had three prior serious felony convictions (§ 667, subd. (a)(1)), three prior strike convictions (§§ 667, subds. (b)–(i),