People v. Garcia CA4/2

INTRODUCTION

Defendant and appellant Danielle Lee Garcia appeals the trial court’s resentencing

order, pursuant to Penal Code1 sections 1170 and 1385. She argues that the court relied

upon an improper basis for its resentencing decision and failed to properly consider her

childhood trauma. We affirm.

PROCEDURAL BACKGROUND

Defendant was charged by information with carjacking (§ 215, subd. (a), count 1)

and assault with a deadly weapon (§ 245, subd. (a)(1), count 2). Count 1 alleged she

personally used a deadly weapon. (§ 12022, subd. (b)(2).) The information also alleged

six prison priors (§ 667.5, subd. (b)), one serious felony prior (§ 667, subd. (a)), and one

prior strike conviction (§§ 667, subd. (c) & (e)(1) and 1170.12, subd. (c)(1)).

On August 21, 2017, defendant entered a plea agreement. She pled guilty to count

1 and admitted the personal firearm use enhancement and three prison priors, in exchange

for a sentence of 11 years in prison and the dismissal of the remaining charges and

allegations. The sentence consisted of the midterm of five years on count 1, plus the

upper term of three years on the firearm use enhancement and one year each on the…