People v. Sanchez CA4/2

I.

INTRODUCTION

Defendant and appellant Octaviano Sanchez appeals following a resentencing

hearing whereby the trial court resentenced him to the middle term of 18 years four

months in state prison. On appeal, defendant contends the trial court prejudicially

violated his Sixth Amendment right to a jury trial on the aggravating factors by imposing

the middle term, over the presumed low term. He also argues the abstract of judgment

should be corrected to reflect the court reduced his mandatory assessments due to his

inability to pay. We direct the trial court to correct its resentencing minute order and to

amend the abstract of judgment. Otherwise, we affirm the trial court’s resentencing

order.

II.

FACTUAL AND PROCEDURAL BACKGROUND1

At the time of the incident, A.R. had been dating defendant for about a year. A.R.

went to visit her storage locker with her ex-boyfriend, O.B., who was going to help her

carry items to the locker and take a bicycle in the locker that A.R. no longer wanted.

While they were at the storage facility, defendant appeared and began yelling at O.B. He

accused A.R. of cheating on him with O.B., went to his vehicle, and returned with a 19-

inch…