People v. Sanders CA2/8

Filed 10/6/16 P. v. Sanders CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B271461

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA081670) v.

DONALD SANDERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John T. Doyle, Judge. Affirmed.

Juliana Drous, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_____________________________

While self-represented, Donald Sanders filed a post-judgment motion for resentencing. The trial court denied Sanders’s motion, and he appealed. Appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Sanders filed a supplemental brief. We affirm the judgment. FACTS Background In March 2007, a jury convicted Sanders of two counts of attempted murder with findings that he personally discharged a firearm causing great bodily injury. (Pen. Code, §§ 664 & 187, subd. (a); 12022.53, subds. (b), (c), (d))1 and two counts of assault with a firearm with findings that he personally inflicted great bodily injury. (§§ 245, subd. (a)(2); 12022.7, subd. (a).) In March 2008, the trial court imposed a sentence of 64 years to life. (People v. Sanders (2010) 189 Cal.App.4th 543.) On appeal, we affirmed Sanders’s judgment in “all . . . respects,” except to the extent it imposed a consecutive, determinate, full midterm of seven years on his second attempted murder conviction. (People v. Sanders, supra, 189 Cal.App.4th at p. 561.) We remanded the case to the trial court “with directions to impose one-third the midterm for this offense.” (Ibid.) In May 2011, following issuance of the remittitur, the trial court prepared a nunc pro tunc order sentencing Sanders to a total term of “59 years and 4 months to life,” computed as follows: on count 1 (attempted murder) a determinate midterm of 7 years, plus 25 years to life for the firearm use enhancement; on count 2 (attempted murder) a determinate term of 2 years and 4 months (1/3 the midterm), plus 25 years to life for the firearm use enhancement; and on count 3 (assault with a firearm) and count 4 (assault with a firearm) the court imposed and stayed terms pursuant to section 654. In March 2016, nearly five years after the trial court’s post-appeal sentencing order, Sanders was self represented and filed a motion for resentencing. Sanders contended that, pursuant to section 12022.53, subdivision (e), even though he personally