People v. Trujillo CA5

INTRODUCTION

This opinion constitutes our second time addressing this matter. In our first opinion, we directed the trial court to resentence defendant Rene Preciado Trujillo, but affirmed in all other respects. (People v. Trujillo (May 15, 2023, F084084) [nonpub. opn.].) This second appeal concerns the resentencing hearing that took place in October 2023. Defendant’s appointed appellate counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We informed defendant of his right to file a supplemental brief within 30 days, but defendant elected not to do so. After independently reviewing the record, we affirm.

FACTUAL BACKGROUND

Defendant threatened and kidnapped a young woman he happened upon while she was sitting in her car in the early morning hours of March 31, 2018. He forced her to drive her car to a dark alley, directed her to park the car and assaulted her. Defendant then forced the victim into the passenger seat and started driving her car around. After several hours and another physical assault by defendant,…