People v. Rocha CA4/2

I.

INTRODUCTION

Defendant and appellant Daniel Nino Rocha appealed the sentence imposed

following remand by this court with the direction that the trial court stay the 16-month

sentence on count 3 under Penal Code1 section 654. Upon remand, the trial court vacated

the sentence, and imposed and then stayed an upper term sentence of three years on

count 3. Defendant again appealed, arguing the trial court lacked jurisdiction to increase

the sentence on count 3 from this court’s dispositional order. We agreed, as did the

People, and remanded the matter to the trial court with directions to reduce the term on

count 3 to a stayed 16-month term.

Defendant thereafter successfully petitioned the California Supreme Court for

review. The Supreme Court transferred the case to us with directions to vacate our earlier

opinion and reconsider our decision in light of new sentencing laws. We vacated our

decision and allowed the parties to file supplemental briefs limited to matters arising after

the previous decision in this matter.

In his supplemental brief, defendant contends the matter should be remanded for a

new sentencing hearing because his case is not yet final, and he…