People v. Arias
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In 2006, Alonzo attempted to steal Packnett’s cell phone. Someone else approached and stabbed Packnett while Alonzo was grappling with Packnett’s friend, Hopkins. The man ran around the car and stabbed Hopkins, who later identified the assailant as Arias. Arias and Alonzo drove away in Hopkins’s car. Hopkins recovered his vehicle; it was damaged. A laptop computer and other property had been stolen. An expert witness opined that the assailants were affiliated with the Sureño criminal street gang and committed the offenses to benefit the gang.
Arias entered a negotiated plea of no contest to assault with a deadly weapon and unlawful driving or taking a vehicle and admitted to the gang and great bodily injury enhancements. He received a stipulated sentence of 224 months' imprisonment. Years later, during resentencing under Penal Code 1170(d)(1), because Arias’s sentence may have been unlawful under People v. Gonzalez, the court held a hearing, stayed the great bodily injury enhancements, imposed gang enhancements on each assault count, and reduced Arias’s sentence by four months. The court of appeal concluded that an appeal may be taken from a resentencing under section 1170(d)(1), without a certificate of probable cause and affirmed. The court was not bound by the earlier plea agreement and section 654 did not prohibit multiple gang enhancements although Arias acted with a single intent to benefit his gang in committing the assaults.
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