People v. Ruiz CA2/5

Filed 3/30/26 P. v. Ruiz CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B343514

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA078254) v.

RANDAL AVILA RUIZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Dorothy L. Shubin, Judge. Affirmed. Steven S. Lubliner, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _____________________________

Randal Avila Ruiz appeals from the trial court’s order accepting the recommendation of the Secretary of the Department of Corrections and Rehabilitation (CDCR) for recall and resentencing under former Penal Code1 section 1170.03, subdivision (a)(1) (now § 1172.1), and resentencing Ruiz to time served.2 We affirm the trial court’s order.3

PROCEEDINGS

In 2012, the jury found Ruiz guilty of two counts of burglary. (§ 459, counts 1 & 2.) The jury further found true as to count 1 that a person was present during the commission of the robbery, making the crime a violent felony. (§ 667.5, subd. (c).) Prior to sentencing, Ruiz filed a motion to strike his prior strike convictions for purposes of sentencing pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529–530. After hearing argument, the trial court denied the motion. In a bifurcated proceeding, the court found true the allegations as to both counts that Ruiz suffered seven prior serious and/or violent felony convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), suffered two prior serious felony convictions within the meaning of section 667,