People v. Ortiz CA4/2

INTRODUCTION

Defendant and respondent Reno Edward Ortiz was sentenced to 16 months in state

prison in the instant case pursuant to a negotiated disposition after he admitted that he

violated his probation. This sentence was to run concurrent to the sentences in other

felony cases in which he was sentenced the same day. After an error was discovered, the

court resentenced him in those other cases to 16 months local time pursuant to Penal

Code1 section 1170, subdivision (h). The court subsequently decided to resentence

defendant in the instant case to 365 days in county jail. The People now appeal the order

resentencing him to county jail in the instant case. We reverse and remand.

PROCEDURAL BACKGROUND

On October 30, 2020, in case No. SWF2007239 (the instant case), defendant pled

guilty to carrying a loaded firearm in public (Pen. Code, § 25850, subd. (c)(6), count 1)

and being under the influence of a controlled substance while in the immediate presence

of a loaded firearm (Health & Saf. Code, § 11550, subd. (e), count 2), both felonies. The

court suspended judgment and placed defendant on probation for three years. His

probation was subsequently revoked, and he was…