People v. Love CA4/1

Filed 7/3/25 P. v. Love CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083938

Plaintiff and Respondent,

v. (Super. Ct. No. SCS279772)

DONNY LOVE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne K. Moring, Judge. Affirmed. Michaela Dalton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. MEMORANDUM OPINION Donny Love appeals from a judgment and sentence of 15 years and four months in state prison. After conducting an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), we affirm.

I. Procedural Background In November 2016, a jury found Love guilty of two counts of robbery

(Pen. Code,1 § 211; counts 1 & 2); one count of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 3); and two counts of felony failure to appear in court while released on bail (§ 1320.5; counts 5 & 6). The jury found true the allegation that Love had committed the robbery in count 2 to promote a criminal street gang (§ 186.22, subd. (b)(1)). The jury also found true that Love failed to appear in court while released on bail with respect to the felony offenses (§ 12022.1, subd. (b)). Love admitted that he had served a prior prison term and that he had suffered a prior serious felony conviction and a prior strike conviction. (§§ 667.5, subd. (b); 667, subd. (a)(1); 668; 1192.7, subd. (c); 667, subds. (b)–(i); 1170.12.) The trial court sentenced Love to a total prison term of 23 years and eight months. The sentence consisted of six years (the middle term of three years, doubled for the strike conviction) on count 2; two consecutive 16-month terms (one for the conviction for possession of a firearm in count 3 and one for one of the convictions for felony failure to appear); plus a 10-year enhancement term for the gang enhancement attached to count 2, and a five- year enhancement term for the prior serious felony conviction. A concurrent two-year term was imposed on count 1, sentence on count 6 was stayed pursuant to section 654, and imposition of sentence was stayed on the prior prison term enhancement. In his direct appeal, we affirmed Love’s convictions but vacated his sentence and remanded the matter for resentencing in light of the trial court’s new discretion to strike the prior serious felony enhancement under