People v. Streeter CA2/2

Filed 9/16/20 P. v. Streeter CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B304652

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA464198) v.

DEMETRICE STREETER,

Defendant and Appellant.

THE COURT: Defendant and appellant Demetrice Streeter (defendant) appeals from an order denying his request to strike or dismiss the five-year sentence enhancement imposed pursuant to Penal Code section 667, subdivision (a)(1).1 His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On July 13, 2020, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to

1 All further statutory references are to the Penal Code, unless otherwise indicated.

have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the record, and finding no arguable issues, affirm the judgment. In 2018, defendant was convicted of criminal threats, unlawful possession of a firearm by a felon, and assault with a semiautomatic firearm.2 Defendant was sentenced as a second- strike offender under the Three Strikes law to three years for the assault count, doubled to six years, plus a three-year firearm enhancement and a five-year recidivist enhancement pursuant to section 667, subdivision (a)(1), for a total term of 14 years in prison. The sentences on the remaining counts were stayed or run concurrently. We corrected an error in the judgment and affirmed the judgment as corrected, but remanded for the trial court to consider whether to exercise its discretion under amendments to sections 1385 and 667, subdivision (a)(1) (effective Jan. 1, 2019), to strike the five-year recidivist enhancement. The evidence at trial showed that defendant approached the janitor at the residential hotel where defendant lived as the janitor was mopping a stairway in the building. When the janitor asked defendant to take a different stairway, defendant cursed and climbed the wet stairs. A short time later, defendant reappeared and said, “You don’t know who I am. I don’t play around with people. I’m 70 years old. I’m too old for this.” Defendant yelled and cursed. Other residents, including the