People v. Chavez CA2/6

Filed 1/27/25 P. v. Chavez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B331137 (Super. Ct. No. SM092119) Plaintiff and Respondent, (Santa Barbara County)

v.

LIONEL CHAVEZ,

Defendant and Appellant.

Lionel Chavez appeals from the judgment following his resentencing. (Pen. Code,1 §§ 1172.7, 1172.75.) He contends the trial court erred by denying his request to dismiss three serious felony conviction enhancements under section 1385, subdivision (c). Appellant also contends the court erred when it denied his request to dismiss two prior strikes under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We will affirm.

1 All statutory references are to the Penal Code.

FACTS AND PROCEDURAL HISTORY Appellant beat and sexually assaulted a woman inside her home in 1995. A jury convicted him of residential burglary (§ 459), assault with intent to commit rape (§ 220), and attempted forcible rape (§§ 664/261, subd. (a)(2)). It found he had three prior strike convictions and served two prior prison terms. Appellant received an aggregate prison term of 41 years to life in prison: an indeterminate sentence of 25 years to life under the Three Strikes Law for assault with intent to commit rape (§§ 667, subds. (c)(2) & (e)(2)(A), 1170.12, subds. (a)(2) & (c)(2)(A)); five years for each of his three prior serious or violent felony convictions; and one year for serving a prior prison term for sexual battery. The trial court imposed but stayed consecutive sentences of 25 years to life on the burglary and attempted forcible rape charges. On appeal, this Court vacated the attempted forcible rape conviction and struck one of the enhancements. We ordered the court to amend the abstract of judgment but did not otherwise alter appellant’s sentence of 41 years to life. In 2022, the California Department of Corrections and Rehabilitation (CDCR) recommended recalling appellant’s sentence and resentencing him pursuant to section 1172.75, subdivision (a). The court found appellant eligible for resentencing. It struck the one-year prior prison term enhancement but reimposed the same terms for the remaining offenses. This reduced appellant’s term to “a determinate sentence of 15 years followed by an indeterminate sentence of 25 years to life.”