People v. Garcia CA4/3

Filed 5/17/24 P. v. Garcia CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062815

v. (Super. Ct. No. 17HF1025)

ALEJANDRO HERNANDEZ GARCIA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Reversed and remanded with directions. Cynthia M. Jones, 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, Melissa Mandel and Elana Miller, Deputy Attorneys General, for Plaintiff and Respondent.

Alejandro Hernandez Garcia appeals from a judgment following a sentencing hearing. He and the Attorney General agree that three issues justify a reversal and remand for further proceedings. We agree. The matter is reversed and remanded with directions. FACTS The details of Garcia’s underlying convictions for two separate rapes were discussed in our earlier opinion. (People v. Garcia (Feb. 9, 2023, G060566) [nonpub. opn.].) Garcia was convicted on six counts for his first victim and two counts for his 1 second victim. The trial court imposed consecutive terms that totaled 156 years to life— comprised of a six-year determinate sentence and 150-years-to-life indeterminate sentence—as well as multiple fines and fees that included a $5,000 restitution fine, a fine to fund victim-witness assistance, and fines related to funding for AIDS education. A July 2021 abstract of judgment reflected 1,651 days of custody credit. In Garcia’s direct appeal from the judgment, People v. Garcia, supra, G060566, we affirmed the convictions but reversed and remanded for resentencing on one aspect of the sentence imposed (which is not material here). We also ordered stricken the fines related to the victim-witness assistance and education funding noted above. (Ibid.) On remand, in June 2023, the trial court resentenced appellant to a total prison term of 154 years (based on a reduction of the determinate term). As Garcia correctly states, the court reinstated all previous fines and fees except for the three