People v. Dominguez CA4/1

Filed 7/21/25 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083869

Plaintiff and Respondent,

v. (Super. Ct. No. SCD268952 )

JULIAN DOMINGUEZ

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed. Alex Kreit, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Senior Assistant Attorney General, Eric A. Swenson, Supervising Deputy Attorney General and Heather M. Clark, Deputy Attorney General for Plaintiff and Respondent.

Julian Dominguez appeals from an order denying him resentencing

under Penal Code section 1172.75.1 He contends he is entitled to a full resentencing under that law because at the time of his hearing on section 1172.75 relief, his judgment included two invalid section 667.5, former subdivision (b) prior prison term enhancements. We hold Dominguez is not entitled to resentencing as this court struck the two prior prison enhancements in May 2020, before section 1172.75’s effective date, and thus his judgment did not include them. We affirm the order.

PROCEDURAL BACKGROUND2 In 2017, a jury convicted Dominguez of robbery (§ 211) and found true allegations that he committed the offense for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). Dominguez admitted he served two prior prison terms (§ 667.5, former subd. (b)), had one prior serious felony conviction (§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)), and had one strike prior conviction (§§ 667, subds. (b)-(i), 1170.12, 668). That same year, the court sentenced him to a 16-year determinate prison term: a five-year upper term for the robbery doubled to 10 years based on the strike prior, a consecutive five-year term for the serious felony prior, and a consecutive one-year term for one of the prison priors. The court stayed the term for the other prison prior and stayed the 10-year term for the gang enhancement. In December 2018, this court vacated Dominguez’s sentence and remanded the matter “for resentencing to permit the court to fully exercise its discretion” with respect to imposition of the section 186.22, subdivision (b)(1)