People v. Costa CA3

Filed 7/18/16 P. v. Costa CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yolo) ----

THE PEOPLE, C077851

Plaintiff and Respondent, (Super. Ct. No. CRF13-1842)

v.

MARC ANTHONY COSTA,

Defendant and Appellant.

Defendant Marc Anthony Costa, convicted of multiple drug-related felonies, contends the trial court failed to exercise its discretion in sentencing when it imposed a consecutive term on count 14 because the court mistakenly believed consecutive sentencing was mandatory. Defendant asks us to remand the matter to the trial court with directions to exercise its discretion as to consecutive or concurrent sentencing on count 14.

1 Observing that defendant did not raise this issue in the trial court, we requested…