People v. Cabral CA2/4

Filed 11/4/20 P. v. Cabral CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B299463

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA149452) v.

FRANCISCO CABRAL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Yvonne T. Sanchez, Judge. Affirmed as modified. Michael C. Sampson, 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, Steven D. Matthews and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Francisco Cabral appeals from the sentence imposed following his conviction for six counts related to his possession of a firearm as a felon and driving with a suspended license. 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). Respondent agrees. Therefore, we strike the one-year enhancement and remand the matter to the trial court for resentencing. We otherwise affirm the judgment. PROCEDURAL HISTORY2 On January 14, 2019, the Los Angeles County District Attorney (the People) filed an information charging defendant with possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count one); receiving a stolen vehicle (§ 496d; count two); driving a vehicle without consent (Veh. Code, § 10851, subd. (a); count three); two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1); counts four and five); unlawful possession of ammunition (§ 30305, subd. (a)(1); count six); driving with a license suspended for a prior DUI (Veh. Code, § 14601.2, subd. (a), (d)(2); count seven); and driving with a license suspended for a prior DUI within five years (Veh. Code, § 14601.5, subd. (a), (d)(2); count eight). As to counts one through six, the information further alleged defendant suffered two prior serious or violent felony convictions (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)), and served two prior prison terms