People v. Dirksen CA2/6

Filed 7/20/21 P. v. Dirksen CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B308596 (Super. Ct. No. 2017031326) Plaintiff and Respondent, (Ventura County)

v.

PETER JEREMY DIRKSEN,

Defendant and Appellant.

Peter Jeremy Dirksen appeals from the trial court’s denial of his request to strike the five-year prior serious felony enhancement to his sentence (Pen. Code,1 § 667, subd. (a)). He contends the court erred because it did not comply with the terms of the remand order issued after his previous appeal. We affirm. FACTUAL AND PROCEDURAL HISTORY In 2018, Dirksen pled guilty to second degree murder (§§ 187, subd. (a), 189, subd. (b)) and assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)), and admitted that

1 Statutory references are to the Penal Code.

he inflicted great bodily injury during the assault (§ 12022.7, subd. (a)). (People v. Dirksen (Mar. 7, 2019, B292501) 2019 WL 1074535 at p. [1] (Dirksen) [nonpub. opn.].) He also admitted that he suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and prior serious felony conviction, and that he served a prior prison term (§ 667.5, subd. (b)). (Dirksen, at p [1]