People v. Ornelas CA4/1

Filed 3/13/24 P. v. Ornelas CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082988

Plaintiff and Respondent,

v. (Super. Ct. No. FSB22002673)

RAYMOND MICHAEL ORNELAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Harold T. Wilson, Jr., Judge. Affirmed as modified. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Raymond Michael Ornelas of assault with a

semiautomatic firearm (Pen. Code, 1 § 245, subd. (b)), three counts of possession of a firearm by a felon (§ 29800, subd. (a)(1)), first degree burglary (§ 459), kidnapping (§ 207, subd. (a)), simple assault (§ 240), criminal threats (§ 422, subd. (a)), and child endangerment (§ 273a, subd. (b)). The jury found true allegations that Ornelas personally used a firearm (§ 12022.5, subd. (a)), and that a person was present in the residence at the time of the first degree burglary (§ 667.5, subd. (c)). In a bifurcated trial, the court found true that Ornelas was released on bail at the time he committed four of the charged offenses. At sentencing the court imposed a total term of 26 years and eight months, including four two-year on-bail enhancements (§ 12022.1, subd. (b)) tied to specific counts; the court imposed two of those enhancements and stayed the other two. Ornelas appeals, contending the trial court erred in imposing more than one enhancement under section 12022.1, subdivision (b). The People properly concede the court erred in imposing multiple enhancements under section 12022.1, subdivision (b). We modify the judgment to strike the unauthorized portion of the sentence. BACKGROUND Ornelas committed multiple crimes after authorities released him on