People v. Tsuha CA2/1

Filed 9/30/20 P. v. Tsuha CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B305194

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA026562) v.

JOHN TSUHA,

Defendant and Appellant.

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

________________________________

FACTUAL AND PROCEDURAL SUMMARY In April 1993, John Tsuha was convicted by plea of four counts of second degree robbery (Pen. Code,1 § 211) with an enhancement for personal use of a dangerous or deadly weapon pursuant to former section 12022, subdivision (b), as amended (Stats. 1989, ch. 1284, § 2, pp. 5058–5059). The court sentenced Tsuha to six years in prison. In 1994, the California Legislature and electorate separately enacted the “Three Strikes” law. (Stats. 1994, ch. 12, pp. 71-75 [amending section 667, effective March 7, 1994]; Prop. 184, as approved by voters, Gen. Elec. (Nov. 8, 1994) [enacting section 1170.12].) In August 1997, a jury convicted Tsuha of four counts of second degree robbery (§ 211) and one count of evading a peace officer with willful and wanton disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a)). The jury also found true allegations that he used a deadly weapon in the commission of a robbery, pursuant to former section 12022, subdivision (b)(1), as amended (Stats. 1997, ch. 377, § 8, pp. 1948-1949), and that he had been previously convicted of a serious felony and four strike priors (§§ 667, subds. (a) & (c), 1170.12, subd. (a)). He was sentenced under the Three Strikes law and section 667, subdivision (a) to prison for 31 years to life. This court affirmed the judgment in July 1998. (People v. Tsuha (July 21, 1998, B116172) [nonpub. opn.].) On January 9, 2020, Tsuha filed a motion for modification of his sentence under section 1016.8, subdivision (a)(4). Tsuha argues that his 1993 convictions should be vacated because at the time he entered into his plea agreement he could not have known