People v. Pickens CA2/3

Filed 1/29/21 P. v. Pickens CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B306414

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA465102) v.

ALFONSO PICKENS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Robert A. Werth, 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, Stephanie C. Brenan and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

In 2018, a jury convicted defendant and appellant Alfonso Pickens of making criminal threats. The trial court sentenced Pickens to 14 years in prison, which included two 5-year prior serious felony enhancements. On his direct appeal, we affirmed the conviction, but remanded the matter for resentencing in light of Senate Bill No. 1393 (2017–2018 Reg. Sess.) (Senate Bill 1393). On this second appeal, Pickens contends the trial court abused its discretion by refusing to strike one of the prior serious felony enhancements. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND A jury convicted Pickens of making criminal threats (Pen. Code, § 422)1 against a security guard at a Los Angeles mall, and also found true the allegation that he personally used a deadly and dangerous weapon, a knife, in the commission of the offense (§ 12022, subd. (b)(1)). According to evidence presented at trial, when the unarmed security guard approached Pickens about trespassing, he became hostile, threatened to kill her, brandished a knife, and waved it in her face. Pickens admitted suffering prior felony convictions for first degree burglary, vehicle theft, attempted extortion by threat or force, and making criminal threats.2 In a bifurcated proceeding, the court found Pickens had suffered two prior serious felony “strike” convictions (§§ 667(a), (b)–(i), 1170.12, subds. (a)–(d)) for a 1997 burglary conviction