People v. Gonzalez CA2/3

Filed 9/22/21 P. v. Gonzalez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B311010

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA059902) v.

MANUEL A. GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Connie R. Quinones, Judge. Appeal dismissed. Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________

Defendant and appellant Manuel A. Gonzalez appeals the trial court’s order denying his request for modification of his sentence and resentencing. We dismiss the appeal. PROCEDURAL BACKGROUND In August 2001, Gonzalez was convicted by a jury of attempted murder (Pen. Code, §§ 664, 187, subd. (a))1 and assault with a deadly weapon (§ 245, subd. (a)(1)). The jury also found Gonzalez personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)); inflicted great bodily injury on the victim (§ 12022.7, subd. (a)); and had suffered a prior conviction for first degree residential burglary, a serious felony (§ 667, subd. (a)(1)). The court sentenced Gonzalez to a term of 23 years in prison, which included terms of five years for the serious felony enhancement, and three years for the great bodily injury enhancement. A different panel of this Division affirmed the judgment in 2003. (People v. Gonzalez (June 11, 2003, B157001) [nonpub. opn.].) The California Supreme Court denied review on August 20, 2003, and the remittitur issued on September 22, 2003. In 2021, Gonzalez, acting in propria persona, filed a document captioned “Motion to re-sentence strike enhancement(s) five year, three year, due to L.A. County District Attorney ‘retroactive criminal justice reforms policy changes applies to current conviction expedite due to Covid, requested.’ ” Therein, Gonzalez argued that his serious felony and great bodily injury enhancements should be stricken, and he should be resentenced, because the current Los Angeles County District Attorney had purportedly announced “sweeping, retroactive criminal justice reforms,” including an intent not to charge