People v. Terrell CA2/7

Filed 4/8/25 P. v. Terrell CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B337267

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA037516) v.

DAMON TERRELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Christopher J. Frisco, Judge. Dismissed. Christopher Love, 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, Kenneth C. Byrne, Supervising Deputy Attorney General, and Sophia A. Lecky, Deputy Attorney General, for Plaintiff and Respondent. ___________________

In 1999 a jury convicted Damon Terrell on four counts of robbery and found true for each conviction he personally used a firearm, within the meaning of Penal Code section 12022.53, subdivision (b).1 In a bifurcated proceeding the trial court found true allegations that Terrell had prior convictions for serious or violent felonies, within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and serious felonies, within the meaning of section 667, subdivision (a). The trial court also found Terrell had served a prior prison term, within the meaning of section 667.5, former subdivision (b). On one of the four robbery convictions, the trial court sentenced Terrell as a third strike offender to a prison term of 25 years to life, plus 10 years for the firearm enhancement and five years for the enhancement under section 667, subdivision (a), for an aggregate term of 40 years to life. The court imposed and stayed (under section 654) execution of a one-year enhancement under section 667.5, former subdivision (b). Of particular relevance to this appeal, although the minute order states the court imposed the enhancement under section 667.5, former subdivision (b), the abstract of judgment does not. The court also imposed identical, concurrent terms on the other three robbery convictions. In February 2024 Terrell filed a petition under the predecessor to section 1172.75 to strike his one-year enhancement under section 667.5, former subdivision (b). The superior court, among other rulings, denied the petition. The court ruled that, though section 1172.75 “provides relief, with limited exception, for prison inmates who were sentenced to a one