People v. Djissa CA2/1

Filed 12/22/20 P. v. Djissa CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306152

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA074001) v.

HENRIMICHEL DJISSA,

Defendant and Appellant.

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

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On July 9, 2019, appellant HenriMichel Djissa pleaded no contest to one count of assault with a semiautomatic firearm pursuant to Penal Code section 245, subdivision (b).1 He admitted an allegation that he personally inflicted great bodily injury in the commission of the offense, pursuant to section 12022.7, subdivision (a); and an allegation that he personally used a firearm, pursuant to section 12022.5, subdivisions (a) and (d). Djissa waived time for sentencing. The trial court sentenced him the same day to a total of nine years in state prison, consisting of the low term of three years for the assault charge, a consecutive term of three years for the great bodily injury enhancement, and a consecutive term of three years for the personal use of a firearm. On March 25, 2020, Djissa filed a motion for modification of his sentence in the trial court. He argued that he should be resentenced pursuant to amendments to the Penal Code enacted by Senate Bill No. 620, which authorized the trial court to strike certain firearm enhancements. The trial court construed the motion as a motion to recall the sentence under section 1170, subdivision (d). The trial court denied the motion on the following grounds: the motion was not timely filed within 120 days of sentencing; Senate Bill No. 620 did not create an independent right to resentencing; Djissa failed to identify another law that entitled him to resentencing; and Djissa waived any such claim by entering into a plea agreement to resolve his case. Djissa timely appealed the trial court’s denial of his motion. We appointed counsel for Djissa, who filed a brief raising no