People v. Almanza CA5

Filed 6/24/21 P. v. Almanza CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080214 Plaintiff and Respondent, (Super. Ct. No. PCF366367) v.

LINO ALVARADO ALMANZA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Robert Anthony Fultz, Judge. Kristine Koo, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Brook A. Bennigson, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Peña, J.

Defendant Lino Alvarado Almanza pled no contest to possession of a firearm and possession of ammunition and admitted two prior “strike” allegations and two prior prison term allegations. On appeal, he contends that his two prior prison term enhancements should be stricken in light of Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136). We order the prior prison term enhancements stricken and affirm in all other respects. FACTUAL AND PROCEDURAL SUMMARY1 On May 31, 2018, sheriff’s deputies pulled defendant over for a traffic stop. Dispatch advised the deputies that defendant had an active felony warrant. Thereafter, the deputies searched defendant’s vehicle and discovered a handgun and a box of ammunition. Defendant admitted the gun belonged to him, and he was arrested. On June 4, 2018, the Tulare County District Attorney filed a complaint charging defendant with being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1);2 count 1) and being a prohibited person in possession of ammunition (§ 30305, subd. (a)(1); count 2). The complaint further alleged that defendant had suffered two prior strike convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and had served two prior prison terms (§ 667.5, subd. (b)). On August 26, 2019, defendant pled no contest to both counts and admitted all prior strike and prior prison term allegations. The court released defendant on his own recognizance on a Cruz3 waiver. The court indicated his sentence would be six years in state prison with a maximum time of eight years four months. Defendant agreed that if