People v. Moran CA2/5

Filed 3/15/24 P. v. Moran CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B319525, B323135

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA148155) v.

ANTHONY RAMIREZ MORAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Allen Joseph Webster, Jr., Judge. Reversed and remanded. Patrick J. Hoynoski; California Appellate Project, Richard Lennon and 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, Senior Assistant Attorney General, Scott A. Taryle and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Anthony Ramirez Moran appeals from a judgment of conviction following a jury trial. He contends that: (1) the trial court erred when it imposed a concurrent sentence on one of his counts of conviction, in violation of Penal Code1 section 654; and (2) he is entitled to the ameliorative benefits of recent changes to the sentencing laws, specifically sections 654, 1170, and 1385. We reverse defendant’s sentence and remand for resentencing.

II. BACKGROUND

A. The Underlying Crimes