People v. Medina

THE PEOPLE,

Plaintiff and Respondent,

v.

OSCAR MEDINA et al.,

Defendants and Respondents.

No. B286117

(L.A. Super. Ct. No. BA447145)

California Courts of Appeal

Second Appellate District

Division One

Filed April 16, 2019

ORDER MODIFYING OPINION AND DENYING PETITIONS FOR REHEARING

THE COURT*:

It is ordered that the opinion, filed herein on March 19, 2019, be modified as follows:

1. On page 20, heading No. 4 is changed by replacing "Attempted Murders" with "Charged Crimes" so that the heading reads:

There Was Substantial Evidence that Medina

Aided and Abetted the Charged Crimes

2. On page 20, to the first sentence in subsection 4, add "assaults with a firearm" after "attempted murders so that sentence reads:

Medina contends the evidence was insufficient that he aided and abetted the attempted murders and assaults with a firearm.

3. One page 33, third sentence of the first full paragraph, the words "additional" and "eleven" are deleted. The words "in addition to those at issue in this case" are inserted after "offense" and "a number" are inserted after "despite" so that the sentence reads:

In the 14 years from his previous assaults with a firearm to the crimes at issue here, he was convicted of five offenses in addition to those at issue in this case despite a number of those years having been spent in prison.

4. On page 38, first sentence of last paragraph, insert "s, to the first instance of the word "enhancement" so that the sentence reads:

As for the remaining prior serious felony enhancements, at the time of sentencing the court had no discretion "to strike any prior conviction of a serious felony for purposes of enhancement of a sentence under Section 667."

5. On page 39, first sentence of first paragraph, add "s" to "conviction" so that the sentence reads:

In a supplemental brief, Medina contends he is entitled to recalculation of his sentence after the statute's effective date so the court can exercise its discretion to strike the prior convictions.

6. On page 39, second sentence of first paragraph, insert "two remaining" after "Medina's" so that the sentence reads:

We agree, and direct the trial court to consider Medina's two remaining five-year enhancements on remand.

7. On page 40, second sentence of the disposition section, "two" is inserted before "remaining" and "s" is added to the word "enhancement" in the phrase "the remaining prior serious felony enhancement " so that the sentence reads:

On remand, the trial court shall recalculate Medina's sentence to strike one of the five-year prior serious felony enhancements, determine whether to strike the two remaining prior serious felony enhancements under section 667, subdivision (a)(1) and/or the 20-year firearm-use enhancement under section 12022.53, subdivision (c), and reduce the sentence accordingly if appropriate.

There is no change in the judgment.

Respondents' petitions for rehearing are denied.

ROTHSCHILD, P. J.

CHANEY, J.

WEINGART, J.^**

^**Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.