People v. Gomez CA2/4

Filed 2/6/24 P. v. Gomez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B314215

Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA087810 v.

JORGE GOMEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hilleri G. Merritt, Judge. Reversed and remanded with instructions. Caneel C. Fraser, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

A jury convicted defendant and appellant Jorge Gomez of willful, premeditated, and deliberate attempts to murder four of his abused ex-girlfriend’s family members. It also convicted him of various other crimes. On appeal, a different panel of this court concluded, among other things, that the trial court erred by sentencing Gomez to terms of 15 years to life on the attempted murder convictions. (People v. Gomez (Dec. 11, 2020, B295182) [nonpub. opn.] (Gomez I). On remand, the trial court modified the attempted murder sentences to seven years to life on each count. On appeal, Gomez argues the case must be remanded for a full resentencing hearing so the trial court can apply Assembly Bill (AB) Nos. 124 and 518, as well as Senate Bill (SB) No. 81. The Attorney General agrees remand is warranted for the court to apply ABs 124 and 518, but argues the court should not apply SB 81 on remand. As discussed in greater detail below, we agree with Gomez. The matter is remanded for a full resentencing hearing at which the trial court is directed to apply all three laws. PROCEDURAL BACKGROUND

In 2018, a jury convicted Gomez of four counts of willful, premeditated and deliberate attempted murder (Pen. Code,1 §§ 664, 187, subd. (a); counts 1-3 & 8); fleeing a pursuing peace officer (Veh. Code, § 2800.2; count 5); hit and run driving resulting in property damage (Veh. Code, § 20002, subd. (a); count 7); dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count 9); and four counts of assault with a deadly weapon