People v. Ortega CA5

Filed 3/20/24 P. v. Ortega 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085777 Plaintiff and Respondent, (Super. Ct. No. 15CR-00728) v.

FIDEL ORTEGA, JUNIOR, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Jennifer O. Trimble, Judge. Vicki Hightower, 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 Levy, Acting P. J., Poochigian, J. and Franson, J.

Defendant Fidel Ortega, Junior pled no contest pursuant to a negotiated plea agreement to manslaughter and assault with a deadly weapon. The trial court imposed the stipulated sentence of 15 years in prison. The sentence included prior prison term enhancements for offenses that were not sexually violent offenses. In 2023, the court resentenced defendant pursuant to Penal Code section 1172.75,1 invalidating sentences that included prior prison term enhancements imposed for offenses that were not sexually violent offenses. The court imposed the stipulated sentence with the exception of the prior prison term enhancements for an aggregate term of 13 years. Defendant appealed. Defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no error and asking the court to determine whether there were any arguable issues on appeal. Defendant was afforded an opportunity to submit a supplemental brief but failed to do so in the time allotted. We have conducted an independent review of the record and find no error. We affirm. PROCEDURAL SUMMARY On August 31, 2015, the Merced County District Attorney filed a complaint deemed an information charging defendant with the murder of Daniel Dorsie Dowen (§ 187, subd. (a); count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 2). As to both counts, the information alleged that defendant had served two prior prison terms for offenses that were not sexually violent offenses (§ 667.5, former subd. (b)). As to count 1, the information alleged defendant used a deadly weapon (§ 12022, subd. (b)(1)). As to count 2, the information alleged defendant inflicted great bodily injury in commission of the offense (§ 12022.7, subd. (a)). On November 30, 2015, pursuant to a negotiated plea agreement, defendant pled no contest to manslaughter on count 1 (§ 192, subd. (a)) and count 2 as charged; he also admitted use of a deadly weapon on count 1, and having suffered two prior prison terms.