People v. Garcia CA4/3

FACTS

A jury convicted Garcia of human trafficking of a minor (§ 236.1, subd. (c)(2); count 1) and pimping a minor under the age of 16 (§ 266h, subd. (b)(2); count 2). The jury found true the allegation that the human trafficking was committed by force or fear (§ 236.1, subd. (c)(2)). Garcia admitted two

All further statutory references are to the Penal Code.

2 prior prison allegations (§ 667.5, subd. (b)). The trial court sentenced Garcia to a total term of 17 years to life, consisting of 15 years to life on count 1 and one year for each of the two prison priors. The court imposed but then stayed the sentence on count 2. Garcia later applied for resentencing pursuant to section 1172.75. Garcia also requested the trial court resentence him to the upper term of 8 years as to count 2 and exercise its discretion under section 654 to stay the 15 years to life sentence on count 1. In support of his petition, Garcia submitted substantial evidence of his postconviction rehabilitation, including letters of support, educational, behavioral, and vocational class certificates, and an apology letter to the victim. The prosecution asked the court to impose the original sentence of 15…