People v. Dynes

Filed 2/15/18

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE, F075158 Plaintiff and Respondent, (Fresno Super. Ct. No. F14902059) v.

JOHN RAY DYNES, OPINION Defendant and Appellant.

APPEAL from an order of the Superior Court of Fresno County. Hilary A. Chittick, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, and Max Feinstat, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION Defendant John Ray Dynes sent a request to the Superior Court of Fresno County regarding his potential eligibility for resentencing under Proposition 57. The court denied his request, and he filed this appeal. We dismiss the appeal because of the absence of an appealable order. PROCEDURAL HISTORY On December 19, 2013, defendant pleaded guilty to second degree robbery in case No. F13907336 (Pen. Code, § 211); the record implies that he also admitted three prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). On March 4, 2014, a felony complaint was filed in case No. F14902059, charging defendant with count I, carrying a concealed dirk or dagger (Pen. Code, § 21310); and count II, misdemeanor giving false information to a police officer (Pen. Code, § 148.9, subd. (a)), with one prior strike conviction and six prior prison term enhancements. On April 3, 2014, defendant pleaded no contest in case No. F14902059 to count I, carrying a concealed dirk or dagger, and admitted one prior strike conviction. The court granted the prosecution’s motion to dismiss count II and the six prior prison term enhancements. Sentencing Also on April 3, 2014, the court sentenced defendant in both case Nos. F013907336 and F14902059. The court denied defendant’s request to dismiss the prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court imposed an aggregate second strike term of eight years four months as follows: the lower term of two years, doubled to four years for second degree robbery (case No. F13907336); a consecutive term of eight months (one-third the midterm), doubled to 16 months for carrying a concealed dirk or dagger (case No. F14902059); and three consecutive one-year terms for the prior prison term enhancements.