People v. Lewis CA1/5

Filed 10/5/21 P. v. Lewis CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A162630 v. DARONTA LEWIS, (Solano County Super. Ct. No. FCR330522) Defendant and Appellant.

Daronta Lewis appeals from an order purportedly issued after he entered a no contest plea. His attorney has filed a brief seeking our independent review of the appellate record, pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), to determine whether there is any arguable issue on appeal. We will dismiss the appeal. I. FACTS AND PROCEDURAL HISTORY A September 2017 information charged Lewis with two counts of second degree robbery (Pen. Code, § 211).1 The information alleged that he personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)) and had seven prison priors (§ 667.5, subd. (b)). Pursuant to a plea agreement in August 2018, Lewis entered a plea of nolo contendere to one count of robbery with a “Harvey waiver” (People v.

1 All statutory references are to the Penal Code. 1

Harvey (1979) 25 Cal.3d 754) and admitted the allegations of the weapon enhancement (§ 12022, subd. (b)(1)) and three prison-prior enhancements (§ 667.5, subd. (b)). On the People’s motion, the court dismissed the other count and allegations. In September 2018, the court sentenced Lewis to a total of nine years in state prison, comprised of the upper term of five years for the robbery conviction and a consecutive one-year term for each of the four enhancements. The court awarded Lewis 556 days of presentence credits, consisting of 484 actual days and 72 conduct days, pursuant to section 2933.1. In January, February, and March 2019, Lewis submitted pro per requests to modify his sentence by striking the time that had been imposed for the three prison-prior enhancements in light of changes in the law under Senate Bill 1393 and/or Assembly Bill 2942. On May 2, 2019, the Solano County Superior Court denied Lewis’s request for a “petition for writ of habeas corpus,” noting that Lewis was “not sentenced under any law affected by the changes made pursuant to Senate Bill 1373 [sic].” The record includes a pro per motion dated December 10, 2019, in which Lewis purportedly asked this court to direct the superior court clerk to file a belated notice of appeal from his September 2018 judgment and sentence. There is no indication in the record, however, that the document was filed in this court. The record also contains an application dated December 10, 2019 for a certificate of probable cause in connection with that notice of appeal, as well as an application asking the superior court to adjust his presentence credits. The record does not contain a ruling on these applications.