Modification: People v. Medrano

THE PEOPLE,

Plaintiff and Respondent,

v.

XAVIER YSAURO MEDRANO et al.,

Defendants and Appellants.

No. F068714 & F069260

(Super. Ct. Nos. VCF282470A-C)

California Court of Appeals

Fifth Appellate District

Tulare Superior Court

Order Modifying Opinion and Denying Rehearing

[No Change in Judgment]

THE COURT:

It is ordered that the partially published opinion filed herein on December 3, 2019, and reported in the Official Reports (__ Cal.App.5th __) be modified as follows:

In the unpublished portion of the Discussion, at the end of part XI. Sentencing Issues, after the last paragraph on page 79, add the following paragraph:

In a petition for rehearing, Avellanoza states he has previously been resentenced pursuant to the original opinion filed in 2017 after remittitur issued. Because he has already gone through one resentencing, he posits the "superior court may decline and refuse to bring him back for resentencing" under the new laws. He requests the disposition include the following language: "Since Avellanoza's judgment is not final, his matter shall be remanded for the purpose of considering resentencing under legislation enacted since his original sentencing, including the amendment to section 12022.53, subdivision (h) resulting from Senate Bill 620." We decline this request because we believe the opinion and dispositional language are sufficiently clear that Avellanoza, along with his codefendants, is entitled to consideration for resentencing based on any new laws now applicable to him, and that the superior court may not refuse him this opportunity when this matter is remanded for further proceedings.

There are no changes in the judgment. Avellanoza's petition for rehearing is denied.

PEÑA, J.

WE CONCUR:

LEVY, Acting P.J.

POOCHIGIAN, J.