People v. Santiago CA5

INTRODUCTION

A jury convicted appellant Floriberto Monterubio Santiago of multiple crimes, including assault with intent to commit rape, oral copulation or sodomy by force, fear or threats during the commission of a residential burglary in violation of Penal Code section 220, subdivision (b).1 In the present appeal, he raises claims of insufficiency of the evidence and ineffective assistance of counsel. We reject those claims. However, we agree with the parties that appellant’s conviction in count 2 (first degree residential burglary) must be vacated and that charge dismissed because it is a lesser included offense to his conviction in count 1 (assault with intent to commit rape, oral copulation or sodomy during a residentiary burglary). We also agree with appellant that it is appropriate to vacate any unpaid balance of the criminal justice administration fee which the court imposed against him pursuant to former Government Code section 29550.2, subdivision (a). Finally, we agree with the parties that appellant’s sentence must be vacated in light of Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567). We vacate appellant’s sentence and remand for…