People v. Sinegal CA2/5

Filed 5/22/25 P. v. Sinegal CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B335188

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA127221) v.

ELTWAN REGIS SINEGAL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Patrick Connolly, Judge. Reversed and remanded.

Debbie Yen, 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, Wyatt E. Bloomfield, Supervising Deputy Attorney General, and Stefanie Yee, Deputy Attorney General, for Plaintiff and Respondent.

****** Eltwan Regis Sinegal (defendant) appeals the trial court’s summary denial of a recommendation by the Secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his sentence under what is now Penal Code section 1172.1.1 As the People concede, this summary denial was error. We accordingly reverse and remand for proceedings consistent with the requirements of section 1172.1. PROCEDURAL BACKGROUND2 In October 2013, defendant entered an open plea of no contest to one count of second degree robbery (§ 211) and one count of attempted second degree robbery (§§ 664, 211). Defendant also admitted that his 2003 conviction for criminal threats (§ 422) and his 2005 conviction for robbery (§ 211) qualified as prior “strikes” under our State’s Three Strikes Law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(j)) as well as prior