People v. Simonian CA2/3

Filed 7/9/25 P. v. Simonian CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B335931, B341724

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA058829) v.

DANIEL SIMONIAN,

Defendant and Appellant.

APPEALS from orders of the Superior Court of Los Angeles County, Jared D. Moses, Judge. Reversed and remanded with directions. 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, Assistant

Attorney General, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

MEMORANDUM OPINION1 In 2005, a jury found Daniel Simonian guilty of two counts of carjacking (Pen. Code, § 215, subd. (a); counts 1 & 3)2 and two counts of robbery (§ 211; counts 2 & 4). In a bifurcated proceeding, the trial court found true several alleged enhancements, including that Simonian had served two prior prison commitments within the meaning of section 667.5, former subdivision (b), and suffered two prior serious felony convictions within the meaning of section 667, subdivision (a)(1). The trial court sentenced Simonian to a total term of 80 years to life. As relevant to this appeal, on count 1, the court imposed a sentence of 43 years to life, which included one year for one of his section 667.5, former subdivision (b) priors. In a previous direct appeal, a panel of this court stayed the sentences on counts 2 and 4 pursuant to section 654 and otherwise affirmed the judgment. There was no change in the length of Simonian’s sentence. (People v. Simonian (Apr. 14, 2006, B185014) [nonpub. opn.].) In 2022, section 1172.75 became effective. Section 1172.75, subdivision (a) provides that “[a]ny 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