People v. Macias CA5

Filed 9/25/23 P. v. Macias 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085627 Plaintiff and Respondent, (Super. Ct. No. MF011504A) v.

LUIS MACIAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Tiffany E. Organ- Bowles, Judge. Margaret M. Shrout, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Smith, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from the trial court’s January 18, 2023, order denying Macias’s petition for resentencing. (Pen. Code, §§ 1172.6, 1237, subd. (b).)1 STATEMENT OF THE CASE On October 15, 2015, the Kern County District Attorney filed a consolidated information charging Macias with one count of making a criminal threat (§ 422; count 1); one count of discharging a firearm at a motor vehicle (§ 246; count 2); two counts of assault with a firearm (§ 245, subd. (a)(2); counts 3 & 4); one count of premeditated attempted murder of a peace officer (§§ 664, 187, subd. (a); count 5); two counts of assault with a semiautomatic firearm on a peace officer (§ 245, subd. (d)(2); counts 6 & 7); one count of resisting an executive officer by force or violence (§ 69; count 8); and one count of brandishing a firearm to avoid arrest (§ 417.8; count 9). The information further alleged Macias was armed with a firearm during the commission of count 1 (§ 12022, subd. (a)(1)), personally used a firearm during the commission of counts 1 and 8 (§ 12022.5, subd. (a)), and intentionally and personally discharged a firearm during the commission of counts 5, 6, and 7 (§ 12022.53, subd. (c)). A jury found Macias guilty of counts 1, 5, 6, 7, 8, and 9, and not guilty of counts 2, 3, and 4. The jury found true the firearm enhancements on counts 1, 5, 6, and 8, but found not true the firearm discharge enhancement as to count 7. At the sentencing hearing on February 24, 2017, the court imposed a sentence of 15 years to life for the attempted murder in count 5, plus 20 years for the discharge of a firearm enhancement. The court imposed an additional seven years for the assault with a firearm on a peace officer in count 7, to be served consecutively to the term in count 5. The court also imposed eight months for the criminal threats conviction in count 1, plus 16 months for the firearm use enhancement, to be served consecutively to the term in