People v. Dworniczak CA2/7

Filed 4/10/25 P. v. Dworniczak CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B337180

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA063390) v.

MARK DWORNICZAK,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gregory A. Dohi, Judge. Affirmed with directions. Lenore Da Vita, 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, Zee Rodriguez, Supervising Deputy Attorney General, and Blake Armstrong, Deputy Attorney General, for Plaintiff and Respondent.

In 2010 a jury convicted Mark Dworniczak of kidnapping, making a criminal threat, assault with a firearm, willfully inflicting corporal injury resulting in a traumatic condition on a cohabitant, and possession of a firearm by a felon and found true several firearm allegations. In a bifurcated proceeding Dworniczak admitted allegations he had served five prior prison terms, within the meaning of Penal Code section 667.5, former subdivision (b).1 (People v. Dworniczak (Oct. 25, 2011, B224708) [nonpub. opn.].) The trial court sentenced him on the kidnapping conviction to the upper term of eight years, plus 10 years for the firearm enhancement under section 12022.53, subdivision (b). The court imposed terms of eight months for making a criminal threat, one year for assault with a firearm, and eight months for possession of a firearm by a felon, as well as a concurrent term of three years for willfully inflicting corporal injury resulting in a traumatic condition on a cohabitant. The court also imposed on the kidnapping conviction five one-year terms under section 667.5, former subdivision (b), and imposed but stayed execution (under section 654) of five one-year enhancements under section 667.5, former subdivision (b), on each of the other four convictions. Dworniczak’s aggregate prison term was 25 years four months. In January 2023 Dworniczak filed a petition for resentencing under section 1172.75, which provides: “Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense . . . is legally invalid.” (§ 1172.75, subd. (a).) At the