People v. Alonzo CA2/4

Filed 7/18/16 P. v. Alonzo CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B265298

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA130424) v.

RAYMOND C. ALONZO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hector E. Gutierrez, Judge. Dismissed. Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler and Lance E. Winters, Assistant Attorneys General, Mary Sanchez and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Raymond C. Alonzo appeals from the order denying his petition for resentencing under Proposition 47. (Pen. Code, § 1170.18.)1 We dismiss the appeal because the trial court lacked jurisdiction to rule on defendant’s petition while the appeal from his judgment of conviction was pending.

FACTUAL AND PROCEDURAL SUMMARY As we explained in the earlier appeal (People v. Alonzo (Jan. 8, 2016, B256919 [nonpub. opn.] (Alonzo I)), in October 2013, defendant was arrested for driving a Toyota Camry that had been reported stolen nine days before. A shaved Allen wrench was found in the ignition. In 2014, “defendant was charged with unlawful driving or taking of a vehicle with a prior conviction. (§ 666.5.) The information alleged that he had served two prior prison terms and had suffered three prior theft convictions: in 2005 for unlawful driving or taking of a vehicle (No. BA285678) (Veh. Code, § 10851, subd. (a)); in 2006 for felony grand theft auto (No. BA301302) (§ 487, subd. (d)(1)); and in 2008 for felony grand theft auto (No. YA071291) (§ 487, subd. (d)(1)). The 2006 conviction (No. BA301302) was alleged to be a serious felony strike based on the true finding on a criminal street gang allegation. (§§ 186.22, 1192.7, subd. (c)(28).).” After a jury trial, defendant was convicted of violating section 666.5 based on his present and previous violations of Vehicle Code section 10851. He admitted his prior convictions. After his Romero2 motion was denied, the trial court imposed a mid-term sentence of three years, doubled to six years under the Three Strikes law. In June 2014, defendant filed a notice of appeal from the judgment of conviction. Subsequently, on November 5, 2014, Proposition 47 (the Safe Neighborhoods and Schools Act) went into effect. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) As a result, defendant petitioned for recall of his sentence on May 14, 2015, and requested resentencing pursuant to section 1170.18. The trial court heard and denied the