People v. Ruiz CA2/3

Filed 9/22/20 P. v. Ruiz 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B305375

Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA088475 v.

ISMAEL RUIZ,

Defendant and Appellant.

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

INTRODUCTION

Defendant Ismael Ruiz appeals from the postjudgment order denying his motion for modification of sentence. Our independent review of the record has revealed no arguable appellate issues, and we affirm.

BACKGROUND

On October 5, 2017, defendant pled no contest to attempted first-degree residential robbery (Pen. Code,1 §§ 664/211) and vandalism (§ 594, subd. (a)). He also admitted using a firearm during the commission of the attempted robbery. (§ 12022.5, subd. (a).) The trial court sentenced defendant to a total of seven years in state prison. The court imposed the upper term of three years for the attempted robbery, plus an additional four years for the firearm enhancement to run consecutively. As for the vandalism, the court imposed three years in county jail to run concurrently. On February 20, 2020, defendant filed a motion for modification of sentence requesting that the five-year serious felony enhancement be vacated under Senate Bill Nos. 1393 and 1618.2 The court denied the motion on February 21, 2020. It explained that defendant was not eligible for relief under Senate Bill No. 1393 because his “plea and sentence did not include any enhancement pursuant to Penal Code § 667(a).”