People v. Leon CA2/8

Filed 11/19/20 P. v. Leon CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B301688

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA470409) v.

RONALD LEON,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. Kathleen Kennedy, Judge. Affirmed. William L. Heyman, 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 Deputy Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Ronald Leon, also known as Ronald Lee Feise, was convicted of second degree burglary and assault with a deadly weapon. The court imposed a second strike sentence of 15 years in prison. Defendant contends the trial court abused its discretion in refusing to strike the five-year prior serious felony enhancement pursuant to Penal Code section 667, subdivision (a)(1). Alternatively, defendant argues his trial counsel was ineffective in failing to formally move to strike the five-year enhancement. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with second degree burglary (Pen. Code, § 211; count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 2). As to count 1, it was alleged the victim was over the age of 65 (§ 667.9, subd. (a)). Two prior convictions, one from 1984 and one from 1997, were alleged as prior serious felonies and also as strike priors. (§ 667, subd. (a)(1) & (b)-(j), § 1170.12.) It was further alleged defendant had suffered six prior convictions within the meaning of section 667.5, subdivision (b). The charges arose from an incident that occurred on August 9, 2018. David Edmondson, who was over the age of 65 and used a cane, was looking for recyclable materials in the neighborhood near his home. He went to a parking lot where he knew some dumpsters were located. Defendant was sleeping on some steps that bordered the lot. Defendant’s two pit bulls charged at Mr. Edmondson and bit him several times on his legs. Mr. Edmondson yelled for defendant to control his dogs. Defendant woke up and called the dogs back to him.