P. v. Vasquez
Richard Sammy Vasquez appeals from the judgment entered following a court trial at which he was found guilty of assault with a deadly weapon. (Pen. Code, 245, subd. (a)(1).) He was acquitted of attempted murder. ( 664, 187, subd. (a).) The court found true an allegation that he had personally inflicted great bodily injury upon the victim. ( 12022.7, subd. (a).)
This is the second time that this matter has come before us. The trial court originally sentenced appellant to prison for six years. In an unpublished opinion, Court reversed the judgment only as to the sentence because appellant had been denied a meaningful opportunity to state his case for an alternative sentence. Court concluded that this denial constituted a violation of procedural due process. Court remanded the matter to the trial court for resentencing. (People v. Vasquez, No. B179611, filed Oct. 19, 2005.) On remand, the trial court resentenced appellant to prison for six years. Court again reverse and remand because the trial court's sentencing choice was based on material inaccuracies concerning the facts of the offense. The court's reliance on these inaccuracies rendered the resentencing hearing fundamentally unfair and denied him due process of law.
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