Mendoza

People v. Mendoza

Good Law
2016 Cal. App. LEXIS 975·210 Cal. Rptr. 3d 56·5 Cal. App. 5th 535
Court of Appeal of CaliforniaNovember 15, 20162d Crim. B272222California1,209 words

Opinion

Opinion

Tangeman, J.

*537 In People v. Sellner (2015) 240 Cal.App.4th 699 , 192 Cal.Rptr.3d 836 ( Sellner ), we held that when a trial court grants Proposition 47 relief for a principal term, the court must resentence the defendant on the subordinate term. Here, we hold that when a trial court grants Proposition 47 relief for a subordinate term, the court may resentence the defendant on any component of the aggregate term.

Juan Victor Mendoza pleaded guilty to several offenses and admitted various allegations in case number 2011026481 (Case A) and case number 2011009143 (Case B). In October 2012, the trial court sentenced him to an aggregate determinate sentence of nine years state prison. In Case A, the court selected count 1 (Pen. Code, § 186.22, subd. (a) ) as the principal term and imposed 32 months state prison with a consecutive five-year prior serious felony enhancement (§ 667, subd. (a)(1)). The court imposed concurrent sentences of 32 months state prison for counts 2 and 3 (§ 594, subd. (b)(1)), with concurrent two-year gang enhancements (§ 186.22, subd. (b) ).

In Case B, the court imposed a 16-month sentence on count 1 (Health & Saf. Code, § 11377 ), to run consecutive to Case A.

Four…

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