P. v. Tellez CA4/3
Ruben Ramirez Tellez appeals from the judgment after a jury convicted him of assault with the intent to commit a sexual offense (Pen. Code, § 220, subd. (a)(1); count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 2); and false imprisonment by violence (§§ 236, 237, subd. (a); count 3). The jury also found Tellez used a deadly weapon in the commission of the offenses in counts 1 and 3. (§§ 12022.3, subd. (a), 12022, subd. (b)(1).) The trial court imposed a total prison sentence of 16 years, which included upper terms on count 1 and its attending deadly weapon enhancement.
Tellez raises two sentencing issues on appeal. First, he contends the trial court abused its discretion by relying on improper aggravating factors to impose upper terms on the assault conviction in count 1 and its deadly weapon enhancement. While this appeal was pending, Senate Bill No. 567 (Reg. Sess. 2020-2021) (Stats. 2021, ch. 731) became effective.
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