People v. Dantignac CA2/7

Filed 3/23/21 P. v. Dantignac CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B307106

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA324566) v.

TAURUS DANTIGNAC,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert J. Perry, 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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Taurus Dantignac appeals from a postjudgment order summarily denying his motion and petition for resentencing in which he requested the court exercise its discretion to strike or dismiss firearm-use enhancements imposed pursuant to Penal Code section 12022.53,1 in light of Senate Bill No. 620 (2017-2018 Reg. Sess.) (Stats. 2017, ch. 682, § 2) (Senate Bill 620), effective January 1, 2018, and prior serious felony enhancements imposed pursuant to section 667, subdivision (a)(1), in light of Senate Bill No. 1393 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1013, § 1) (Senate Bill 1393), effective January 1, 2019. No arguable issues relating to this order have been identified following review of the record by Dantignac’s appointed appellate counsel or by Dantignac 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 1. Dantignac’s Conviction and Sentence A jury convicted Dantignac in 2008 of robbing Deron Tse at gunpoint (§ 211; count 1) and taking his automatic teller personal identification number with an intent to defraud (§ 484e, subd. (d); count 2); robbing Daniel Lee (count 3) and taking his automatic teller personal identification number with an intent to defraud (count 4); and robbing Jane Blanco, using a handgun (count 6), and stealing her car (§ 215, subd. (a), carjacking; count 5). In a bifurcated bench trial the court found the People had proved Dantignac previously committed at least two prior serious felony offenses (11 had been specially alleged in the information)