People v. Flores CA5

Filed 1/14/25 P. v. Flores CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087721 Plaintiff and Respondent, (Super. Ct. No. CF05906253) v.

JAMES QUINCY FLORES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Gary R. Orozco, Judge. Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Detjen, J. and Peña, J.

INTRODUCTION In 2006, appellant and defendant James Quincy Flores (appellant) was sentenced to the third strike term of 25 years to life plus one year for a prior prison term enhancement (Pen. Code,1 § 667.5, subd. (b)). In 2023, the trial court received notice from the Department of Corrections and Rehabilitation (CDCR) of appellant’s potential eligibility to have his sentence recalled pursuant to section 1172.75 to strike the prior prison term enhancement. The court held appellant was ineligible for relief because the prior prison term enhancement was based on his conviction of a sexually violent offense. On appeal from the denial of resentencing, appellant’s counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436; People v. Delgadillo (2022) 14 Cal.5th 216.) Appellant has not filed a supplemental brief. We affirm. PROCEDURAL BACKGROUND On April 3, 2006, a second amended information was filed in Fresno County Superior Court charging appellant with count 1, carrying a concealed dirk or dagger (former § 12020, subd. (a)(4)); count 2, possession of cocaine (Health & Saf. Code, § 11350, subd. (a)); count 3, possession of heroin (Health & Saf. Code, § 11350, subd. (a)); and count 4, misdemeanor unauthorized possession of a hypodermic needle or syringe (Bus. & Prof. Code, former § 4140). The information alleged appellant had four prior strike convictions: one conviction for violating section 192.12 in Madera County Superior Court

1 All further statutory citations are to the Penal Code unless otherwise indicated. 2 “There are and were no sections bearing the numbers 192.1 or 192.2 in our Penal Code. As the proceedings in this case demonstrate, however, it appears to have been the practice to refer to the various subdivisions of former section 192 in this fashion, i.e., ‘192.1’ designating former section 192, subdivision 1 (voluntary manslaughter), and 2