Opinion
D077105
07-31-2020
THE PEOPLE, Plaintiff and Respondent, v. ALI HASSEM BAHRAMBEYGUI, Defendant and Appellant.
Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Allison V. Acosta, Deputy Attorneys General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. JCF37624) APPEAL from a judgment of the Superior Court of Imperial County, Marco D. Nuñez, Judge. Affirmed. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Allison V. Acosta, Deputy Attorneys General, for Plaintiff and Respondent.
BACKGROUND
As defendant's counsel notes in the opening brief, the detailed facts are not relevant to this appeal. Facts may be found at People v. Bahrambeygui (Apr. 26, 2019, D073203) [nonpub. opn.] and the record of that appeal.
Defendant Ali Hassem Bahrambeygui was convicted in a jury trial of mayhem in violation of Penal Code, section 203. He was also convicted of assault with a firearm, in violation of section 245, subdivision (a)(2), possession of a firearm by a felon (§ 29800, subd. (a)(1)); assault by means likely to cause great bodily injury (§ 245, subd. (a)(4)); two counts of first degree burglary (§ 459); battery with serious bodily injury (§ 243, subd. (d)); elder abuse (§ 368, subd. (b)(1)); and criminal threats (§ 422), as charged in a third amended information filed on October 5, 2017. The jury also made true findings on associated firearm use (§§ 12022.5, subd. (a), 12022.53 subds. (b)-(d)) and great bodily injury (§ 12022.7, subd. (a)). In bifurcated proceedings, the jury made true findings on two prison prior convictions and a prior conviction of a serious or violent felony. (§§ 667.5, subd. (b), 667, subds. (b)-(i), 1170.12, subds. (a)-(d).)
All further references are to the Penal Code unless otherwise specified. --------
On November 16, 2017, defendant was sentenced to an aggregate term of 37 years consecutive to a term of 25 years to life.
Defendant appealed and on April 26, 2019, the court affirmed the judgment but vacated the sentence and remanded the case to allow the trial court to exercise its discretion afforded by section 12022.53 subdivision (h). The Court of Appeal also ordered the trial court to stay the sentence on three of the counts, along with their corresponding enhancements.
On December 7, 2019, defendant was resentenced. The trial court declined to exercise its discretion to strike the punishment for any firearm enhancement. The aggregate term was fixed at 27 years consecutive to 25 years to life. It also imposed one year for each of defendant's prior prison term convictions. Sentences on the remaining counts and allegations were stayed, although none of the great bodily injury enhancements were ordered stricken.
Defendant filed a timely notice of appeal.
ANALYSIS
The sole issue raised by defendant is whether passage of Senate Bill No. 36 requires the section 667.5, subdivision (b) prior prison term enhancements be stricken. This change in the law eliminates the enhancements for prison terms served for all but sexually violent offenses. That law became effective January 1, 2020. Defendant urges that based on new law his prison term should be reduced by two years. The People agree. We concur.
DISPOSITION
The two prior prison terms are ordered stricken, and the judgment is affirmed as modified.
BENKE, J. WE CONCUR: McCONNELL, P. J. HALLER, J.