People v. Davila CA2/4

Filed 12/17/24 P. v. Davila CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B334249 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. TA045679)

v.

JUAN MANUEL DAVILA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Allen J. Webster, Judge. Reversed and Remanded. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Gary A. Lieberman, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Defendant Juan Manuel Davila (Davila) appeals from an order finding him ineligible for resentencing relief pursuant to Penal Code section 1171.1 (1172.75).1 Davila contends the court erred by finding him ineligible for resentencing relief, failing to appoint counsel to represent him, and in making a resentencing determination in his absence without obtaining a valid waiver of his right to be present. We agree and reverse the order finding Davila ineligible for relief and remand the matter for a resentencing hearing consistent with section 1172.75.

FACTUAL AND PROCEDURAL BACKGROUND I. Conviction and Sentence In 1997, a jury convicted Davila of possession of a firearm by a felon (§ 12021, subd. (a)(1)) and possession of a short-barreled shotgun (§ 12020, subd. (a)). Davila admitted the allegations that he suffered two prior strike convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)), and that he served two prior prison terms for those convictions (§ 667.5, subd. (b)). The trial court sentenced Davila to an aggregate term of 27 years to life, consisting of 25 years to life under the Three Strikes law plus two one-year prior prison term enhancements under section 667.5, subdivision (b).