People v. Jacuinde CA4/2

FACTS

In 2017, when defendant was convicted of attempted carjacking (§§ 664, 215,

subd. (a)) it was found true that defendant had suffered a prior conviction resulting in a

prison term (the prison prior) (§ 667.5, subd. (b)). The trial court stayed the

punishment for the prison prior pursuant to section 654. The trial court sentenced

defendant to prison for a total term of 18 years.

The opinion for defendant’s first appeal in this case was filed in 2019. In that

opinion, this court remanded the case to the trial court to consider whether to strike the

prior serious felony enhancement (§ 667, subd. (a)) and resentence defendant. (People

v. Jacuinde (E069537, May 15, 2019) [nonpub. opn.] [2019 WL 2119651, *6].)2 On

remand, the trial court declined to strike the prior serious felony enhancement (§ 667,

subd. (a)). (People v. Jacuinde (E075462, May 19, 2021) [nonpub. opn.] [2021 WL

1992159, *1].)

In 2021, in defendant’s second appeal, this court modified the judgment to strike

the punishment for the prison prior (§ 667.5, subd. (b)). (People v. Jacuinde, supra,

E075462, *2].) This court struck the punishment for the prison prior (§ 667.5, subd.

1 All subsequent…