People v. Peyton CA2/6

Filed 10/24/24 P. v. Peyton CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B334525 (Super. Ct. No. 2016004171) Plaintiff and Respondent, (Ventura County)

v.

LEE EDWARD PEYTON,

Defendant and Appellant.

Lee Edward Peyton appeals from the trial court’s order striking six one-year prior prison term enhancements from his sentence pursuant to Penal Code1 section 1172.75. Peyton contends the order must be reversed because he did not waive his right to be present at resentencing. We affirm. FACTUAL AND PROCEDURAL HISTORY In 2017, a jury convicted Peyton of committing one count of forcible rape (§ 261, subd. (a)(2)) and three counts of lewd or lascivious act on a child (§ 288, subd. (c)(1)). The trial court

1 Statutory references are to the Penal Code.

found true allegations that Peyton suffered three prior strike convictions (§§ 667, subds. (c)-(e), 1170.12, subds. (a)-(c)) and two prior serious felony convictions (§ 667, subd. (a)(1)), and that he served prior terms in prison (former § 667.5, subd. (b)). It sentenced him to 66 years to life2 in state prison: 25 years to life for the rape conviction, 25 years to life for one of the lewd acts convictions, 10 years for the prior serious felonies, and six years for the prison priors. Sentences on Peyton’s remaining convictions and enhancements were stayed. We affirmed the judgment on appeal. (Peyton, supra, 2018 WL 3912799 at p. [5]