Faial

People v. Faial

Good Law
Court of Appeal of CaliforniaFebruary 28, 2022A159026California3,797 words

Opinion

Opinion

Fujisaki, J.

Discussion. All further statutory references are to the Penal Code unless otherwise provided.

1 In the published portion of this opinion, we conclude the passage of Assembly Bill 1950 did not invalidate the trial court’s orders revoking and terminating defendant’s probation and executing the previously imposed 12- year sentence. In the unpublished portion of this opinion, we agree that defendant’s section 667.5, subdivision (b) enhancements must be stricken and that he is entitled to additional credits, so we will remand to the trial court for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2015, the People charged defendant by information with first degree burglary (§ 460, subd. (a), count 1), petty theft with a prior theft- related conviction (§ 666, subd. (a), count 4), and two counts of criminal threats (§ 422, counts 5 and 6). The burglary charge stemmed from his entering his father’s home in violation of a stay away order and taking tools. The remaining counts involved his stealing from a department store and threatening loss prevention officers. As to the burglary count, the People alleged that defendant was released on bail or on his own recognizance…

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