People v. Wyatt CA2/5

Filed 4/4/25 P. v. Wyatt CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B336294

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA017486) v.

RICKY WYATT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura Laesecke, Judge. Affirmed. Jerome McGuire, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri and Theresa A. Patterson, Deputy Attorneys General for Plaintiff and Respondent.

Ricky Wyatt challenges the trial court’s order finding him ineligible for recall and resentencing under Penal Code1 section 1172.75. The trial court found Wyatt ineligible for resentencing because he was not serving a sentence that included a prior prison term enhancement imposed pursuant to section 667.5, subdivision (b). We affirm the trial court’s ruling.

PROCEDURAL HISTORY

In 1994, an information charged Wyatt with 23 felony offenses including multiple counts of burglary, robbery, forcible rape, and forcible sodomy, among other crimes. The information alleged: (1) as to counts 10 and 11, that Wyatt personally inflicted great bodily injury on the victims (§ 12022.7); (2) as to counts 1 through 3 and 5 through 22, that the victims were 65 years of age or older (§ 667.9); (3) as to counts 1 through 3 and 5 through 22, Wyatt suffered two prior serious felony convictions within the meaning of section 667, subdivision (a) for armed robbery in case No. A026622, and for armed robbery and residential burglary in case No. A034628; (4) as to all counts, that Wyatt served two separate prior prison terms within the meaning of 667.5, subdivision (b), for armed robbery in case No. A026622, and for armed robbery, residential burglary, and grand theft auto in case No. A034628; (5) as to all counts, that Wyatt was convicted of armed robbery in case No. A026622, armed robbery in case No. A034628, residential burglary in in case No. A034628, and grand theft auto in case No. A034628, within the meaning of