People v. Plascencia CA2/1

Filed 9/3/20 P. v. Plascencia CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B301962

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA108205) v.

ENRIQUE GUSTAVO PLASCENCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Dismissed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND On January 10, 2019, Enrique Gustavo Plascencia pleaded no contest and was convicted of a charge of kidnaping (Pen. Code, § 207, subd. (a)) and admitted a prior prison term allegation (id., § 667.5, subd. (b).) The trial court sentenced him to state prison for six years, consisting of five years for the kidnaping conviction and one year for the enhancement for a prior prison term. On September 17, 2019, Plascencia filed a petition for habeas corpus in superior court. He asked the court to strike his prior prison term enhancement under Senate Bill No. 136 (2019- 2020 Reg. Sess.). The trial court denied the petition. On October 21, 2019, Plascencia filed a timely notice of appeal purporting to appeal from this denial of his habeas corpus petition. We appointed counsel to represent Plascencia on appeal, and on June 4, 2020, counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting that this court independently review the entire record on appeal for arguable issues because appointed counsel discovered none on his own review. On June 5, 2020, we directed counsel to send Plascencia a copy of his Wende brief and the appellate record. On the same date, we also sent Plascencia a letter informing him he had 30 days from the date of the letter to file a supplemental brief raising any contentions or issues he wished us to consider. Plascencia did not file a supplemental brief.