People v. Azevedo CA3

BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) A jury found defendant guilty of first degree burglary (Pen. Code, § 459; count I)1 and taking or stealing a vehicle (as to which defendant admitted a recidivist allegation for a 2006 conviction) (§ 666.5; count II). Defendant also admitted having a 2005 prior “serious” felony conviction (§ 422) subject to a five-year enhancement (§ 667, subd. (a)), and a 2013 conviction (§ 273.5) subject to a one-year enhancement (§ 667.5, subd. (b)). The trial court sentenced him to state prison for an aggregate term of 18 years; the term included the two recidivist enhancements for the 2005 and 2013 convictions. On appeal, we affirmed the judgment of conviction. However, we remanded the matter for the limited purpose of allowing the trial court to strike a one-year enhancement (§ 667.5, subd. (b), referencing Welf. & Inst. Code, § 6600, subd. (b)) and to exercise its discretion in deciding whether to strike a five-year enhancement (§§ 667, subd. (a), 1385, subd. (b)). (People v. Azevedo (June 3, 2020, C088544) [nonpub. opn.].)2 After a…