People v. Carbajal CA5

STATEMENT OF THE CASE1

Carbajal was convicted in January of 2020 of two counts of inflicting corporal injury (counts 1 & 2; Pen. Code, § 273.5, subd. (a))2; one count of making a criminal threat (count 3; § 422); one count of felony false imprisonment (count 4; § 236); and five counts of attempting to dissuade a witness (counts 6-10; § 136.1, subd. (b)(2)). The jury found true deadly weapon allegations as to counts 2 and 3 (§ 12022, subd. (b)(1)), and, in a bifurcated proceeding, Carbajal admitted two prior strike offenses (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)) and a prior serious felony allegation (§ 667, subd. (a)). At sentencing, the trial court dismissed one of the strike offenses under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and sentenced Carbajal to a total of 34 years in prison. On appeal, this court remanded for retroactive application of Assembly Bill No. 518, which amended section 654 to permit an act or omission punishable under two or more provisions of law to be punished under either provision, rather than the previous requirement that it be punished under the provision requiring the longest possible term of punishment. At the resentencing…