People v. Irvin CA2/2

Filed 5/26/21 P. v. Irvin CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306476

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA408988) v.

LAYVONTA TRAMALE IRVIN,

Defendant and Appellant.

THE COURT: Defendant and appellant Layvonta Tramale Irvin (defendant) appeals from the denial of his motion to strike sentence enhancements. Where, as here, appointed counsel has filed a brief raising no issues in an appeal seeking postjudgment relief, the appellate court is not required to conduct an independent review of the record for arguable issues. (People v. Cole (2020) 52 Cal.App.5th 1023, 1039-1040, review granted Oct. 14, 2020, S264278; see People v. Serrano (2012) 211 Cal.App.4th

496, 503.) If the defendant files his or her own supplemental brief or letter, however, we consider the contentions or arguments set forth therein. (People v. Cole, supra, at p. 1039.) After defendant was notified of his counsel’s brief and given leave to file his own brief or letter setting forth any grounds or argument he wanted to have considered, defendant filed his own supplemental brief on appeal. BACKGROUND In 2013, defendant was convicted in count 2 of battery with serious injury, in violation of Penal Code section 243,1 subdivision (d), and of mayhem in violation of section 203, in count 3. Defendant admitted a prior conviction and on October 31, 2013, the trial court sentenced defendant under the “Three Strikes” law (§§ 667, subds. (b)-(j) & 1170.12) to a total term of 13 years in prison, comprised of the middle term of four years for count 3, doubled to eight years, plus five years pursuant to section 667, subdivision (a)(1); and a concurrent term of 11 years as the battery. We reversed count 2 and struck references to the one- year prison term enhancements from the abstract of judgment since they were not imposed by the court.