People v. Dominguez CA4/1

Filed 5/30/25 P. v. Dominguez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084815

Plaintiff and Respondent,

v. (Super. Ct. No. INF2200015) DARRYL ERWIN DOMINGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Dean Benjamini, Judge. Dismissed. Darryl Erwin Dominguez, in pro. per.; and Aaron J. Schechter, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. MEMORANDUM OPINION Darryl Erwin Dominguez purports to appeal from the trial court’s July 24, 2024 minute order denying his request for recall and modification of sentence. After conducting an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), Anders v. California (1967) 386 U.S. 738 (Anders), and People v. Delgadillo (2022) 14 Cal.5th 216

(Delgadillo) and considering Dominguez’s supplemental brief, we conclude the trial court’s order is not appealable and we therefore dismiss the appeal. I. Background In September 2022, Dominguez pled guilty to one count of robbery

(Pen. Code,1 § 211) and admitted one prior serious felony conviction (§ 667, subd. (a)), one prior strike conviction (§ 667, subds. (b)–(i) & 1170.12), and one aggravating factor (Cal. Rules of Court, rule 4.421(b)(3)). At the sentencing that immediately followed his plea, and pursuant to the plea agreement, the trial court sentenced him to a prison sentence of 15 years, consisting of the upper term of five years on the robbery, doubled for the strike, plus five years for the prior serious felony. In July 2024, Dominguez filed a request titled “Motion for Modification of Sentence Pursuant to Senate Bill (SB) 1393 Evidentiary Hearing Request,” in which he requested “the removal or dismissal of [his] 5-year prison prior enhancement.” Senate Bill No. 1393 (2017–2018 Reg. Sess.) (Senate Bill 1393) amended section 667, subdivision (a), effective January 1, 2019, to give courts discretion to dismiss or strike a prior serious felony conviction for sentencing purposes. (See People v. Garcia (2018) 28 Cal.App.5th 961, 964. In a form “judicial review and order” (capitalization omitted), the trial court denied the motion, stating that Senate Bill 1393 “is not applied retroactively, other than as to cases that are not yet final on appeal.” Dominguez filed a notice of appeal from this order.