People v. Sastre CA2/5

Filed 1/25/16 P. v. Sastre CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262877

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA093098) v.

VICTOR MANUEL SASTRE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Juan Carlos Dominguez, Judge. Affirmed. Mae G. Alberto, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Mary Sanchez and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant, Victor Manuel Sastre, appeals from the denial of a Penal Code section 1170.18, subdivision (a)1 resentencing petition. The trial court found defendant was eligible for resentencing, however; he presented an unreasonable risk of danger to public safety. We affirm the denial order.

II. BACKGROUND

Defendant’s prior record is as follows: a felony vehicle theft conviction in 1997 (Veh. Code, § 10851, subd. (a)); four serious felony first degree residential burglary convictions in 1997, 1998 (two counts) and 2001 (§§ 459, 1192.7, subd. (c)(18)); and two prior misdemeanor convictions, in 2001 and 2006. Prior to his arrest in this case, defendant had been sentenced to prison on: July 2, 1997; June 1, 1998; and September 21, 2001. When arrested in this case, he was the subject of an arrest warrant. On May 24, 2011, defendant pled no contest to two felony counts. The first count was for receiving stolen property, a bicycle worth $50 (§ 496, subd. (a)). The second count 2 was grant theft of personal property, a bicycle worth $2,000 (§ 487, subd. (a)). Defendant was sentenced to prison for 9 years, 4 months. On November 4, 2014, the voters approved Proposition 47 which, among other things, enacted section 1170.18, subdivision (a). If defendant committed his violation of count 1 now, pursuant to section 496, subdivision (a), the offense would be a misdemeanor. In 2014, while serving his sentence, defendant filed a section 1170.18, subdivision (a) resentencing petition. As noted above, the trial court denied the petition. The trial court found that although defendant was eligible for resentencing on count 1, he posed an unreasonable risk of danger to public safety. As noted, defendant committed his offenses prior to the adoption of section 1170.126. When defendant committed his offenses in this case, he was subject