People v. Dileva CA4/1

Filed 9/19/24 P. v. Dileva CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083777

Plaintiff and Appellant,

v. (Super. Ct. No. RIF2200513)

LAWRENCE MICHAEL DILEVA,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Riverside County, Jeffrey J. Prevost, Judge. Affirmed. Michael A. Hestrin, District Attorney, and Janinda Gunawardene, Deputy District Attorney, for the Plaintiff and Appellant. Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Respondent. The People appeal from a judgment imposing an indeterminate term of 15 years to life plus a consecutive determinate term of 10 years against Lawrence Michael Dileva after his guilty plea to second degree murder (Pen.

Code,1 § 187, subd. (a)) and gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)) with two serious felony and strike priors (§§ 667, subds. (a), (c), (e)(2)(a), 1170.12, subd. (c)(2)(a)). The People contend that the trial court abused its discretion by considering certain mitigating circumstances set forth in section 1385, subdivision (c) when it struck Dileva’s two strike priors under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. We conclude that the People waived their claim of error by failing to raise it in the trial court. FACTUAL AND PROCEDURAL BACKGROUND Because this appeal arises from a guilty plea before a preliminary hearing, there is no evidentiary record of the underlying facts. According to the probation report, Dileva was driving under the influence of methamphetamine when he crossed over the double yellow lines of a two-lane roadway and crashed into an oncoming vehicle, resulting in the death of the other driver. Dileva was charged with murder (§ 187) and gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)). The complaint further alleged that he had suffered two prior convictions for gross vehicular manslaughter while intoxicated in 2009. These were charged as five-year serious felony priors (§ 667, subd. (a)) and strike priors (§§ 667, subds. (c), (e)(2)(a), 1170.12, subd. (c)(2)(a)). At a mandatory settlement conference, the defense made efforts to resolve the case, but the People rejected all offers and made no counteroffer. The defense then sought an indicated sentence from the court. After both parties presented the details of the case and Dileva’s criminal history, the