People v. Floyd CA2/7

Filed 1/7/21 P. v. Floyd CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B304531

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA353908) v.

ANDREW FLOYD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Dismissed.

Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Andrew Floyd appeals from the superior court’s denial of his motion for modification of sentence pursuant to Senate Bill No. 1393 (2017-2018 Reg. Sess.) (Senate Bill 1393) or Penal Code1 section 1170, subdivision (d). Because Floyd is appealing from a nonappealable order, we dismiss the appeal.

PROCEDURAL BACKGROUND

In 2009 a jury convicted Floyd of second degree robbery (§ 211). In a bifurcated proceeding the trial court found true Floyd suffered a prior conviction of a serious or violent felony under the three strikes law (§§ 667, subds. (b)-(i), 1170.12), which was a serious felony within the meaning of section 667, subdivision (a)(1), and two prior convictions for which he served prison terms (§ 667.5, subd. (b)). On February 24, 2010 the trial court sentenced Floyd to an aggregate state prison term of 15 years comprised of the upper term of five years for second degree robbery, doubled as a second strike, plus five years for his prior serious felony conviction. The court struck the prior prison term enhancements. This court affirmed Floyd’s robbery conviction on appeal. (People v. Floyd (Aug. 9, 2011, B222974) [nonpub. opn]. (Floyd I).) On November 18, 2019 Floyd filed a motion for modification of sentence in which he requested the trial court recall his sentence and dismiss the five-year enhancement, citing to Senate Bill 1393. Floyd attached to his motion certificates of completion for various programs and classes he completed while incarcerated. The superior court applauded Floyd’s efforts to