People v. Anaya CA2/6

Filed 2/13/24 P. v. Anaya CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. B336707 (Super. Ct. No. SA095033) Plaintiff and Respondent, (Los Angeles County)

v.

ALVARO ANAYA,

Defendant and Appellant.

The facts of this case are described in our previous opinion. (People v. Anaya (Jan. 18, 2023, B301047) [nonpub. opn.] 2023 WL 234686.) The trial court initially sentenced Anaya to a total indeterminate term of 75 years to life plus a determinate term of 23 years. In our previous opinion, we vacated the sentence and remanded for further proceedings regarding the gang

enhancements (Pen. Code,1 § 186.22, as amended by Assem. Bill No. 333 (2021-2022 Reg. Sess.)), and, if the gang enhancements were stricken, for reconsideration of the high term (§ 1170, subd. (b), as amended by Sen. Bill No. 567 (2021-2022 Reg. Sess.)), and reconsideration of whether to strike enhancements (§ 1385, subd. (c)(2)(C), as amended by Sen. Bill No. 81 (2021-2022 Reg. Sess.)). On remand, the People declined to proceed on the gang enhancements. The trial court noted Anaya’s positive behavior in prison but denied the motion to strike the prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court relied on Anaya’s criminal record, prior prison terms, continuous and repetitive criminal conduct, violations of probation, the fact the current offenses were committed just two years after he completed federal probation, the violence of the current offenses, that he “led the charge against the victims in this case,” and his dishonesty at trial. The court sentenced Anaya to 50 years to life for count 1, first degree murder as a second strike (§§ 187, subd. (a), 189, subd. (a), 667, subd. (e)(1), 1170.12, subd. (c)(1)). For count 2, attempted premeditated murder, the court imposed a sentence of life with parole (§§ 664, subd. (a), 187, subd. (a)), but struck the strike as to that count only, which reduced his parole eligibility on that count from 14 years to seven years. (People v. Garcia (1999) 20 Cal.4th 490, 499; People v. Jefferson (1999) 21 Cal.4th 86, 92-93, 96.) Also for count 2, the court imposed a three-year enhancement for infliction of great bodily injury (§ 12022.7, subd. (a)). For count 6, assault with a firearm, the court reduced the