People v. Bustamante CA2/7

Filed 3/22/21 P. v. Bustamante CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306952

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA415936-01) v.

LUIS BUSTAMANTE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig Richman, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Luis Bustamante appeals from a postjudgment order summarily denying his motion to modify his sentence by striking a one-year prior prison term enhancement imposed pursuant to Penal Code section 667.5, subdivision (b),1 based on Senate Bill No. 136 (Stats. 2019, ch. 590, § 1) (Senate Bill 136), effective January 1, 2020. No arguable issues have been identified following review of the record by Bustamante’s appointed appellate counsel or by Bustamante in his supplemental letter brief to this court. We also have identified no arguable issues after our own independent review of the record. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A jury in 2014 convicted Bustamante of aggravated assault (§ 245, subd. (a)(4)), with personal infliction of great bodily injury (12022.7, subd. (a)); two counts of making a criminal threat (§ 422); grand theft (§ 487, subd. (c)); and battery causing serious injury (§ 243, subd. (d)). The aggravated assault and battery offenses were found to be hate crimes. Bustamante was sentenced to an aggregate state prison term of 11 years eight months, which included enhancements for the hate crimes, inflicting great bodily injury and one year for a prior prison term Bustamante had served for second degree burglary within the meaning of former section 667, subdivision (b). On June 8, 2020 Bustamante, representing himself, filed a motion for modification of sentence, contending Senate Bill 136, which limited the applicability of Penal Code section 667.5, subdivision (b)’s one-year sentence enhancement for prior prison terms to defendants who had previously served a prison term for