People v. Venable CA2/6

Filed 3/8/21 P. v. Venable CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B306069 (Super. Ct. No. TA039602) Plaintiff and Respondent, (Los Angeles County)

v.

ELVIS VENABLE, JR.,

Defendant and Appellant.

Elvis Venable, Jr. (Venable) appeals orders correcting his unauthorized sentence and denying his requests to strike a firearm enhancement imposed pursuant to Penal Code section 12022.53, subdivision (d), and to hold a juvenile offender proceeding pursuant to People v. Franklin (2016) 63 Cal.4th 261, 284 (Franklin).1 We affirm the order correcting Venable’s sentence and direct the trial court to award Venable’s actual custody credit as discussed herein.

1 All statutory references are to the Penal Code.

The trial court’s rulings regarding the remaining issues arise from Venable’s amended petition for habeas corpus and are not appealable orders. (Robinson v. Lewis (2020) 9 Cal.5th 883, 895.) We address the issues, however, in Venable’s contemporaneous petition for writ of habeas corpus. (In re Venable (B306683).) FACTUAL AND PROCEDURAL HISTORY In 1998, the Los Angeles County prosecutor charged Venable with willful, deliberate, and premeditated attempted murder, and personal use and discharge of a firearm causing great bodily injury. (§§ 664, 187, subd. (a), 12022.53, subd. (d).) The prosecutor also alleged that Venable suffered four prior serious or violent felony juvenile strike adjudications. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) At the time of the attempted murder, Venable was 25 years old. The four strike adjudications occurred when Venable was 15 years old. The jury convicted Venable of the attempted murder count and found that he personally used and discharged a firearm causing great bodily injury. In a separate proceeding, the trial court found that the strike adjudications were true. The court then sentenced Venable to 25 years to life for attempted murder based upon the strike adjudications, plus a consecutive term of 25 years to life for the firearm enhancement, for a total term of 50 years to life. Venable appealed. In an unpublished opinion, we affirmed his conviction. (People v. Venable (Oct.17, 2000, B131029).) On June 12, 2018, Venable filed a petition for writ of coram nobis in the trial court. He contended that the court erred by applying the four strike adjudications to his sentence because he