People v. Gonzalez CA2/3

Filed 9/23/21 P. v. Gonzalez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B310161

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA125149) v.

DOUGLAS GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura R. Walton, Judge. Dismissed. Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. —————————

Douglas Gonzalez appeals from an order denying his petition for writ of habeas corpus to seek resentencing under Senate Bill No. 1393. Our independent review of the record shows no arguable appellate issues. A jury convicted Gonzalez of second degree robbery (Pen. Code,1 § 211) and deadlocked on the remaining counts. Gonzalez admitted suffering a prior serious and violent felony conviction for robbery. (§§ 667, subds. (a)(1), (b)–(i), 1170.12, subds. (a)–(d).) In 2013, the trial court sentenced Gonzalez to the upper term of five years for the robbery, which was doubled to 10 years for the prior strike. The court added an additional five years (§ 667, subd. (a)(1)) for the prior serious felony enhancement, totaling 15 years. A different panel of this Division affirmed the judgment in People v. Gonzalez (Dec. 17, 2014, B248086) [nonpub. opn.]. In 2015, the California Supreme Court denied review without comment. It does not appear that Gonzalez filed a petition for writ of certiorari in the United States Supreme Court. Thereafter, Senate Bill No. 1393 became effective in January 2019, which amended sections 667 and 1385 to remove the prohibitions on striking or dismissing a five-year prior serious felony enhancement. (Stats. 2018, ch. 1013, §§ 1–2.) On October 14, 2020, Gonzalez petitioned for writ of habeas corpus, seeking resentencing under Senate Bill No. 1393 to allow the trial court to exercise its discretion to strike the prior serious felony enhancement. The court denied the writ on December 2, 2020. The court found that Gonzalez was not entitled to relief because Senate Bill No. 1393 was not retroactive and, in any event, Gonzalez was not entitled to relief because he “robbed a