People v. Lua CA5

Filed 2/21/25 P. v. Lua 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087743 Plaintiff and Respondent, (Super. Ct. No. DF011988A) v.

HUGO JOSE LUA, OPINION Defendant and Appellant.

THE COURT*† APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Elisa A. Brandes, 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 Hill, P. J., Meehan, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

INTRODUCTION Appellant and defendant Hugo Lua (appellant) pleaded guilty to attempted possession of a stabbing weapon by an inmate and was sentenced to three years in prison, consecutive to the sentence he was already serving. In 2023, the trial court dismissed his prior prison term enhancement pursuant to Penal Code1 section 1172.75 and resentenced him to two years. On appeal from the resentencing order, 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.) Appellant has not filed a supplemental brief. We affirm. PROCEDURAL BACKGROUND On February 27, 2015, a felony complaint was filed in the Superior Court of Kern County charging appellant with count 1, inmate in willful possession of an inmate-manufactured stabbing weapon on or about January 24, 2014 (§ 4502), with prior conviction allegations. On November 16, 2015, the trial court granted the prosecution’s motion to amend the complaint to add count 2, attempted possession of an inmate-manufactured stabbing weapon (§§ 664/4502, subd. (a)). Appellant entered into a negotiated disposition, pleaded guilty to count 2, admitted one prior strike conviction for carjacking (§ 215, subd. (a)) in 2008 (§ 667, subd. (e)), and one prior prison term enhancement (§ 667.5, subd. (b)), with an indicated sentence of three years. The court dismissed count 1 and the remaining prior convictions. On March 3, 2016, the trial court imposed the lower term of two years for count 2 plus one year for the prior prison term enhancement, to be served consecutively to the