People v. Webb CA2/5

Filed 12/17/25 P. v. Webb CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B340786

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA434377-02)

CALVIN FURNESS WEBB,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mildred Escobedo, Judge. Dismissed.

Antonio M. Zaldana, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri, Supervising Deputy Attorney General, and Nikhil D. Cooper, Deputy Attorney General, for Plaintiff and Respondent.

****** Calvin Furness Webb (defendant) appeals from the trial court’s order declining to exercise its discretion to resentence him under Penal Code section 1172.1.1 Because the order from which defendant appeals is not appealable, we dismiss the appeal. BACKGROUND On February 11, 2016, defendant pled no contest to assault with a firearm likely to produce great bodily injury (§ 245, subd. (a)(2)), and second-degree robbery (§ 211). As to the robbery, he admitted allegations that the crime benefitted a gang (§ 186.22, subd. (b)(1)(C)) and that he had personally used a firearm (§ 12022.53, subd. (b)). As to both crimes, he admitted that his 2007 conviction for robbery was a serious felony conviction (§ 667, subd. (d)) and that is also constituted a “strike” within the meaning of our “Three Strikes” law (§§ 1170.12, subds. (a)– (d), 667, subds. (b)–(j)). The trial court sentenced defendant to an aggregate term of 22 years in state prison. Specifically, the court imposed a sentence of 20 years on the robbery count, comprised of a base term of 10 years for the robbery (an upper term of five years, doubled due to the prior strike), plus 10 years for the firearm