People v. Alvarado CA6

Filed 3/9/22 P. v. Alvarado CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048753

(Monterey County Plaintiff and Respondent, Super. Ct. No. SS161207A)

v.

FABIAN ALVARADO,

Defendant and Appellant.

In his second appeal to this court, appellant Fabian Alvarado argues his sentence must be vacated and remanded to the trial court for reconsideration. This court previously reversed one of the counts of conviction and vacated Alvarado’s prior sentence. At the subsequent resentencing, the trial court did not strike or dismiss two firearm enhancements. (Pen. Code, § 12022.53, subd. (h).)1 Alvarado contends the record does not make clear whether the trial court understood at his resentencing its discretion to impose…