People v. Reyes CA2/3

Filed 6/20/22 P. v. Reyes CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B312515

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA034752) v.

ALEXANDER REYES,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, David C. Brougham, Judge. Dismissed. Aaron Spolin for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Alexander Reyes appeals from an order denying his motion to strike prior convictions. However, the order is not appealable, and therefore we dismiss the appeal. BACKGROUND In 1997, a jury found Reyes guilty of possession of a firearm by a felon (Pen. Code,1 former § 12021, subd. (a)(1)). After a court trial on three priors that had been alleged under the Three Strikes law and that arose out of Reyes’s 1994 conviction for a robbery involving three victims, the trial court found the priors true. At the 1998 sentencing hearing, the trial court denied Reyes’s Romero2 motion and motion to stay sentences on various counts under section 654 and sentenced him to 25 years to life plus one year (§ 667.5, subd. (b)). On appeal, that judgment of conviction was modified to correct presentence custody credits but otherwise affirmed. (People v. Alexander Reyes (May 12, 1999, B120499) [nonpub. opn.].) Then, in 2014, Reyes petitioned the trial court to recall his sentence under the Three Strikes Reform Act of 2012, which reduced the punishment for some third-strike offenses that were neither violent nor serious. (See generally §§ 667, 1170.12, 1170.126.) The trial court denied the petition because of a disqualifying factor (Reyes had been armed with a firearm during the commission of his offense) and that order was affirmed on appeal. (People v. Alexander Reyes (Apr. 18, 2016, B264694) [nonpub. opn.].)