People v. Casillas CA2/4

Filed 7/6/21 P. v. Casillas CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B306432

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA101048) v.

ALBERTO CASILLAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Villalobos, Judge. Affirmed Sarvenaz Bahar, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION This is the second appeal by appellant Alberto Casillas following his conviction for kidnapping, injuring a girlfriend, and criminal threats, arising from an incident with his former girlfriend. In our prior, unpublished opinion, People v. Casillas (Feb. 6, 2019, B286467) (nonpub. opn.), we affirmed appellant’s convictions but stayed his sentence on the criminal threats count pursuant to section 654. We also remanded the case to allow the superior court to exercise its discretion regarding whether to strike a five-year prior serious felony conviction enhancement (Pen. Code, § 667, subd. (a)).1 On remand, the trial court denied appellant’s motion to strike the prior conviction. This appeal followed. Appellant’s counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Appellant also filed a brief, arguing that the court erred in denying his motion to strike. We find no error. In addition, we have conducted an independent examination of the entire record and conclude no arguable issues exist. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND The underlying facts are discussed in detail in our prior opinion. We summarize them here as relevant to the instant appeal. An information charged appellant with the following counts: kidnapping (§ 207, subd. (a); count one); injuring a spouse or girlfriend (§ 273.5, subd. (a); count two); and criminal threats