People v. Quiroz CA2/4

Filed 11/4/20 P. v. Quiroz CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B302350

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA150964) v.

JAVIER QUIROZ, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Olivia Rosales, Judge. Affirmed as modified. Adrian Dresel-Velasquez, 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, Assistant Attorney General, Marc A. Kohm and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Javier Quiroz, Jr. appeals from the sentence following his conviction for driving a vehicle without consent. He contends that a one-year prior prison term enhancement imposed pursuant to Penal Code section 667.5, subdivision (b)1 must be stricken in light of the passage of Senate Bill No. 136 (2019–2020 Reg. Sess.) (S.B. 136). He also requests correction of errors in the abstract of judgment. Respondent agrees with both contentions. Therefore, we strike the one-year enhancement and modify the judgment accordingly. We further direct the trial court to correct the abstract of judgment. We otherwise affirm the judgment. PROCEDURAL HISTORY2 On July 9, 2019, the Los Angeles County District Attorney (the People) filed an information charging defendant with one felony count of driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count one) and one felony count of receiving a stolen vehicle (§ 496d; count two). The information further alleged defendant suffered two prior serious or violent felony convictions (§§ 667, subds. (b)-(j), 1170.12), served two prior prison terms (§ 667.5, subd. (b)), and suffered a prior conviction for grand theft auto (§ 666.5). Prior to trial, the court granted the People’s motion to dismiss count two. On September 10, 2019, a jury convicted defendant of count one. Following a bifurcated court trial on the prior conviction allegations, the court found one of the prior strike allegations true. The court further found true the prior grand theft auto