People v. Binns CA2/7

Filed 7/12/21 P. v. Binns CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B309838

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA028021) v.

KEYRON LAMONT BINNS,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Robert C. Vanderet, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

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Keyron Lamont Binns, convicted in 1997 of attempted murder, carjacking, home invasion robbery, kidnapping for the purpose of carjacking or robbery and various other charges and sentenced to an aggregate indeterminate state prison term of 195 years to life after the trial court found he had suffered three prior serious or violent felonies within the meaning of the three strikes law,1 appeals the superior court’s summary denial of the recommendation by the Secretary of the California Department of Corrections and Rehabilitation (Secretary) pursuant to Penal Code section 1170, subdivision (d)(1),2 that Binns be resentenced by striking the several five-year sentencing enhancements that had been imposed pursuant to section 667, subdivision (a). No arguable issues have been identified following review of the record by Binns’s appointed appellate counsel. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Binns in his supplemental brief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Binns’s sentence includes eight consecutive three strikes sentences of 25 years to life and multiple three-year enhancements for personal use of a firearm (§ 12022.5, subd. (a)), as well as five-year enhancements pursuant to section 667, subdivision (a), for prior serious felony convictions. At the time of Binns’s conviction and sentencing, imposition of the section 667,