People v. Duran CA4/1

Filed 1/13/21 P. v. Duran CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077259

Plaintiff and Respondent,

v. (Super. Ct. No. SCS290869)

ANGEL DURAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne K. Moring, Judge. Affirmed.

Sheila O’Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and Susan Elizabeth Miller, Deputy Attorneys General, for Plaintiff and Respondent.

FACTUAL BACKGROUND On December 15, 2016, defendant Angel Duran lunged with a screwdriver at Anthony S., who was waiting for his son in a parking lot. Anthony S. was able to move out of the way, then held defendant’s arm until he dropped the screwdriver. The police were called and defendant was arrested. PROCEDURAL BACKGROUND On November 27, 2017, a jury found defendant guilty of one count of

assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1)); and found true that in the commission of the offense, defendant personally used a deadly and dangerous weapon (§ 1192.7, subd. (c)(23)). Defendant also admitted a strike prior (§§ 667, subds. (b-i), 1170.12 & 668); a serious felony prior (§§ 667, subd. (a)(1), 668 & 1192.7, subd. (c)); four prison priors (§ 667.5,

subd. (b)); and five probation denial priors (§ 1203, subd. (e)(4)).2 On March 19, 2018, defendant was sentenced to 14 years in prison. He was awarded a total of 920 credits, which included 460 days of actual credit, and 460 days of good behavior credit. (See § 4019, subd. (b)). Defendant appealed. On April 24, 2019, in case No. D073804, this court affirmed the judgement but remanded the case for resentencing to allow the trial court to exercise its discretion to strike the enhancement under newly amended section 667, subdivision (a) and Senate Bill No. 1393.