People v. Mendoza
People v. Mendoza
Opinion
*537
In
People v. Sellner
(2015)
Juan Victor Mendoza pleaded guilty to several offenses and admitted various allegations in case number 2011026481 (Case A) and case number 2011009143 (Case B). In October 2012, the trial court sentenced him to an aggregate determinate sentence of nine years state prison. In Case A, the court selected count 1 (Pen. Code, § 186.22, subd. (a) ) 1 as the principal term and imposed 32 months state prison with a consecutive five-year prior serious felony enhancement (§ 667, subd. (a)(1)). The court imposed concurrent sentences of 32 months state prison for counts 2 and 3 (§ 594, subd. (b)(1)), with concurrent two-year gang enhancements (§ 186.22, subd. (b) ).
In Case B, the court imposed a 16-month sentence on count 1 (Health & Saf. Code, § 11377 ), to run consecutive to Case A.
Four years later, the trial court granted Mendoza's Proposition 47 petition in Case B, and reduced the offense to a misdemeanor. (§ 1170.18.) The court resentenced Mendoza to a consecutive one-year term in county jail, deemed served. In Case A, the court modified the previous concurrent 32-month sentence in count 2 to become a consecutive 16-month prison term. Counts 1 and 3 remained the same.
DISCUSSION
Mendoza contends the trial court lacked jurisdiction to resentence him in Case A. He also claims and the Attorney General concedes the sentence was unauthorized because it was longer than the original sentence. We modify the judgment to reflect a concurrent sentence in Case B, but otherwise affirm.
*538
When a trial court grants Proposition 47 relief on an eligible felony offense, it resentences the defendant to a misdemeanor. (§ 1170.18, subd. (b).) Proposition
*58
47 does not limit the court to rigid sentencing options. (See
Sellner
,
supra
,
In
Sellner
, we held that a trial court has jurisdiction to resentence the defendant on a non-Proposition 47 case where Proposition 47 relief applies to the principal term. (
Sellner
,
supra
, 240 Cal.App.4th at p. 701,
We reject Mendoza's contention that
Sellner
does not apply when the trial court grants Proposition 47 relief on a subordinate term. As in
Sellner
, Mendoza's aggregate sentence for the two cases is "to be viewed as interlocking pieces." (
Sellner
,
supra
, 240 Cal.App.4th at p. 701,
Mendoza also claims and the Attorney General concedes that, upon resentencing, the trial court erred by imposing a *59 longer term than the original nine-year term. Section 1170.18, subdivision (e) provides: "Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence." The parties agree that the trial court resentenced defendant to a nine-year term in Case A and a consecutive one-year term in Case B, for a total of 10 years.
When a trial court's intention is clear, we "need not remand for resentencing, but can modify the judgment to reflect the intent of the trial court." (
People v. Gutierrez
(1996)
DISPOSITION
The judgment is modified to reflect that the one-year sentence for Case B run concurrently to sentence imposed in Case A. The trial court is directed to prepare an amended abstract of judgment reflecting the modification and to forward the amended abstract to the California Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
We concur:
GILBERT, P.J.
PERREN, J.
All further statutory references are to the Penal Code, unless otherwise indicated.
California Rules of Court, rule 4.452(3) is inapplicable because the same sentencing judge presided over both the original sentencing and resentencing hearings. In any event, the court was entitled to reconsider all sentencing decisions. (See
Acosta
,
supra
, 247 Cal.App.4th at pp. 1076-1077,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.