People v. Moran CA2/5
Opinion
Opinion
Kim, J.
I. INTRODUCTION
Defendant Anthony Ramirez Moran appeals from a judgment of conviction following a jury trial. He contends that: (1) the trial court erred when it imposed a concurrent sentence on one of his counts of conviction, in violation of Penal Code1 section 654; and (2) he is entitled to the ameliorative benefits of recent changes to the sentencing laws, specifically sections 654, 1170, and 1385. We reverse defendant’s sentence and remand for resentencing.
II. BACKGROUND
A. The Underlying Crimes
On January 31, 2019, defendant, who was then 23 years old, was riding as a passenger in a car when he stopped Rene Montalvo and asked for the location and the time. When Montalvo took his phone out of his pocket, defendant and another man got out of the car. The other man started punching Montalvo and defendant shot Montalvo beneath his left arm pit. Defendant and the other man then took Montalvo’s cell phone, which Montalvo had dropped on the ground.
B. Procedural History and Sentencing
As relevant for purposes of this appeal, on July 28, 2021, the Los Angeles County District Attorney charged defendant by amended information with attempted second degree robbery