People v. Deonbi CA2/5

Filed 9/30/20 P. v. Deonbi CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B295915

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA143921) v.

KOFI DEONBI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Pat Connolly, Judge. Dismissed in part and affirmed as modified. James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant and appellant Kofi Deonbi entered a plea of no contest to second degree commercial burglary (Pen. Code, § 4591) and admitted the allegations that he suffered two prior convictions within the meaning of the Three Strikes Law (§§ 667, subd. (d) & 1170.12, subd. (b)) and section 667.5, subdivision (b). The trial court denied defendant’s subsequent motion to withdraw his plea and sentenced him to eight years in state prison. On appeal, defendant contends the trial court abused its discretion in denying his motion to withdraw his plea; under section 1192.5, he was entitled to withdraw his plea; and we must strike his section 667.5, subdivision (b) sentence enhancements pursuant to Senate Bill No. 136 (Senate Bill 136). We dismiss defendant’s appeal from the trial court’s denial of his motion to withdraw his plea, but order his section 667.5, subdivision (b) sentence enhancements stricken.