People v. Guerrero CA2/2

Filed 1/19/21 P. v. Guerrero CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B302306

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA060354) v.

GINA GUERRERO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Michael Terrell, Judge. Dismissed.

Jenny M. Brandt, 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, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Gina Guerrero (appellant) appeals from the trial court’s order denying her petition to strike a firearm enhancement that was imposed pursuant to a judgment that became final long before the petition was filed. The order is not appealable and we dismiss the appeal. FACTS Over a decade ago, appellant pleaded no contest to one count of second degree robbery (Pen. Code, § 211; count 7),1 two counts of attempted second degree robbery (§§ 664/211; counts 8 and 9), and one count of possession of a firearm by a felon with a prior (former § 12021, subd. (a)(1); count 14). She admitted section 12022.53, subdivision (b) firearm allegations and section 186.22, subdivision (b)(1) gang allegations. On November 20, 2009, the trial court sentenced appellant to 38 years in state prison based on the following consecutive sentences: as to count 7, the upper term of five years plus 10 years for the firearm enhancement and 10 years for the gang enhancement; as to counts 8 and 9, eight months each plus three years four months for the firearm enhancement and one year eight months for the gang enhancement; and as to count 14, eight months plus one year for the gang enhancement. The remaining charges were dismissed. Effective January 1, 2018, Senate Bill No. 620 (SB 620) amended sections 12022.5 and 12022.53 to permit trial courts to strike firearm enhancements. (People v. Alexander (2020) 45 Cal.App.5th 341, 343; §§ 12022.5 & 12022.53.) In August 2019, appellant filed a petition asking the trial court to recall her sentence and resentence her under section 1170, subdivision (d).