People v. Tapia CA2/8

Filed 2/7/24 P. v. Tapia CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B325459

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA099077-03) v.

ALISHA NICOLE TAPIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Altus W. Hudson, Judge. Vacated and remanded with directions.

Olivia Meme, 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, Assistant Attorney General, Jason Tran and Shezad H. Thakor, Deputy Attorneys General, for Plaintiff and Respondent.

______________________

In 2019, Alisha Tapia was convicted of first degree burglary (Pen. Code, § 459) and related minor offenses.1 In that proceeding she admitted she had suffered six prior convictions for residential burglary alleged under the Three Strikes law and section 667, subdivision (a). The trial court sentenced her to 25 years to life in prison, plus two 5-year enhancement terms pursuant to section 667, subdivision (a). Appellant appealed and we vacated the true findings on the prior conviction allegations and remanded for resentencing. The trial court resentenced appellant to the upper term of six years for the burglary conviction, doubled to 12 years pursuant to the Three Strikes law.2 Appellant now appeals the new sentence, contending the trial court erroneously imposed the upper term based on impermissible factors that were neither admitted by her nor found true by a jury or the court. She also contends, and respondent agrees, that the trial court erred in failing to stay the sentence for her conviction of possession of burglary tools pursuant to section 654.