People v. Alvarez CA2/3

Filed 7/29/21 P. v. Alvarez CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B310307

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA140624 v.

JEREMY ALVAREZ et al.,

Defendants and Appellants.

APPEALS from orders of the Superior Court of Los Angeles County, Roger Ito, Judge. Dismissed. Edward Mahler, under appointment by the Court of Appeal, for Defendant and Appellant Jeremy Alvarez. William G. Holzer, under appointment by the Court of Appeal, for Defendant and Appellant Steven Knott. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendants Jeremy Alvarez and Steven Knott appeal the trial court’s orders denying their motions for resentencing under Penal Code1 section 1170, subdivision (d) to enable them to obtain the benefits of the District Attorney’s new charging and resentencing policies. After independently reviewing the record we conclude the challenged orders are not appealable and dismiss the appeals.

BACKGROUND

1. Pleas and Sentencing In October 2017, Alvarez and Knott were charged with numerous counts and related gang and firearm enhancements. They faced sentences of up to 275 years to life. On the first day of jury selection, March 16, 2020, both defendants entered into plea agreements and pled guilty to several counts and admitted gang and firearm enhancements in return for a stipulated aggregate sentence of 30 years to life for Alvarez, and 50 years to life for Knott. Both defendants also waived and gave up their appellate rights and their ability to challenge their pleas and sentences. On September 25, 2020, the court sentenced Alvarez to 15 years to life for the count 1 murder conviction, plus additional consecutive terms of five years for the count 6 robbery conviction and 10 years for the section 12022.53, subdivision (b) firearm enhancement. The court sentenced Knott to 25 years to life for the count 1 murder conviction plus an additional consecutive term of 25 years to life for the section 12022.53, subdivision (d)