People v. Serrano CA2/4

BACKGROUND

In 1997, Serrano performed unlicensed dental work on the victim and kissed her against her will. A jury convicted Serrano of battery causing serious bodily injury (§ 243, subd. (d); count one); false imprisonment (§ 236; count two); and misdemeanor unlicensed practice of dentistry (Bus. & Prof. Code, § 1701, subd. (f); count three). As to count one, the jury found true the allegation that Serrano personally inflicted great bodily injury (§ 12022.7). Serrano admitted that he had been convicted of two prior strike felonies (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)). The superior court sentenced Serrano to a total term of 60 years to life in prison. The court also imposed restitution fines pursuant to section 1202.4, subdivisions (a)(3) and (f). Serrano appealed, and this court affirmed his convictions. (People v. Serrano (June 28, 2000, B132400) [nonpub. opn.].) In 2020, the District Attorney of Los Angeles County recommended that the superior court recall Serrano’s sentence and resentence him pursuant to former section 1170, subdivision (d)(1).2 The court declined to recall the sentence and Serrano appealed. We remanded the matter for the superior court to…