People v. Figueroa CA5

Filed 6/24/24 P. v. Figueroa CA5 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F077514 Plaintiff and Respondent, (Super. Ct. No. VCF331062) v.

AURELIO MORENO FIGUEROA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge. Patricia L. Brisbois, under appointment by the Court of Appeal, Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Amanda D. Cary, and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Smith, J. and Meehan, J.

This case returns to this court after the California Supreme Court recently decided In re Vaquera (2024) 15 Cal.5th 706 (Vaquera). In the prior appeal, we held the People properly pleaded and proved Aurelio Moreno Figueroa committed crimes under the One Strike law carrying a mandatory 25 years to life prison sentence. (See Pen. Code,1 § 667.61.) After Vaquera was decided and the matter transferred back to this court, we solicited additional briefing directing the parties to discuss the impact, if any, of that decision on the issues in this case. The People now concede the crimes pleaded and proved in this case carry 15 years to life terms, as originally imposed by the trial court. We accept the concession. Figueroa had also challenged the consecutive sentences imposed by the trial court, and also various fines and fees imposed as part of the sentence. We previously found these claims moot, but now address and reject them on the merits. We will affirm the judgment. BACKGROUND Charges The Tulare County District Attorney charged Figueroa with committing seven crimes. Counts 1 and 2 charged violations of section 288, subdivision (b)(1), forcible lewd act on a victim under 14 years old. Each count included a special allegation the crimes involved binding and tying the victim within the meaning of section 667.61, subdivisions (a), (b), and (e). Counts 3, 4, and 5 charged violations of section 288, subdivision (a), lewd act on a victim under 14 years old. Counts 4 and 5 included a special allegation the crimes