People v. Algarin CA3

Filed 2/7/22 P. v. Algarin 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Yuba) ----

THE PEOPLE, C093645

Plaintiff and Respondent, (Super. Ct. No. CRF1901439)

v.

ALEXIS ALGARIN,

Defendant and Appellant.

Defendant Alexis Algarin appeals following his no contest plea to multiple counts of assault with a firearm and admission to one firearm use enhancement. He argues the trial court erred in imposing the upper term for both the assault and enhancement, alleging the trial court impermissibly engaged in dual use of facts. We disagree the trial court abused its discretion. However, we agree with the parties that defendant is nevertheless entitled to remand in view of the passage of Senate Bill No. 567 (2021-2022…