People v. Bennett CA2/7

Filed 4/3/25 P. v. Bennett CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B336289

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA241789) v.

ANDRE LEE BENNETT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Lise M. Breakey, under appointment by the Court of Appeal; Andre Lee Bennett, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCCTION

A jury convicted Andre Lee Bennett in 2003 of second degree robbery, and the trial court sentenced him under the three strikes law to a prison term of 25 years to life, plus three one-year prior prison term enhancements under Penal Code section 667.5, former subdivision (b).1 In 2023 the Department of Corrections and Rehabilitation advised the superior court that Bennett was eligible for recall and resentencing pursuant to section 1172.75. After appointing counsel for Bennett, the court struck the three prior prison term enhancements previously imposed under section 667.5, former subdivision (b), but denied Bennett’s request to dismiss two of his prior serious or violent felony convictions. The court resentenced Bennett to 25 years to life. Bennett appealed, and we appointed counsel to represent him on appeal. After reviewing the record, appellate counsel for Bennett filed a brief that did not identify any arguable issues. After independently reviewing the record and the contentions presented by Bennett in a two-page supplemental brief, we have not identified any either. Therefore, we affirm.