People v. Saad CA2/3

Filed 9/17/20 P. v. Saad CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B304782

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA089683) v.

ROBERT PAUL SAAD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Thomas Rubinson, Judge. Appeal dismissed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________

Defendant and appellant Robert Paul Saad appeals the trial court’s order denying his petition for resentencing pursuant to Senate Bill No. 136 (2019–202 Reg. Sess.) (Senate Bill 136). We dismiss the appeal. PROCEDURAL BACKGROUND On March 20, 2019, Saad pled no contest to identity theft. (Pen. Code, § 530.5, subd. (a).)1 He also admitted suffering two prior convictions within the meaning of section 667.5, subdivision (b). In accordance with the negotiated disposition, the trial court sentenced Saad to a five-year term, i.e., three years for the offense and two consecutive one-year enhancements pursuant to section 667.5, subdivision (b). The trial court ordered direct victim restitution in an amount to be determined in a subsequent hearing, as well as various other fines and fees. On April 30, 2019, it conducted a restitution hearing regarding victim restitution. Saad did not appeal from the judgment. On January 1, 2020, Senate Bill 136 went into effect. “Prior to January 1, 2020, section 667.5, subdivision (b) required trial courts to impose a one-year sentence enhancement for each true finding on an allegation the defendant had served a separate prior prison term and had not remained free of custody for at least five years.” (People v. Jennings (2019) 42 Cal.App.5th 664, 681.) Effective January 1, 2020, Senate Bill 136 amended section 667.5, subdivision (b), to “limit its prior prison term enhancement to only prior prison terms for sexually violent offenses, as defined in Welfare and Institutions Code section 6600, subdivision (b).” (People v. Jennings, at p. 681; People v. Winn (2020) 44 Cal.App.5th 859, 871–872.) Senate Bill 136’s amendment