People v. Sconiers CA2/2

Filed 7/27/22 P. v. Sconiers CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B312409

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA355108) v.

DARYL ANTHONY SCONIERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed as modified. Olivia Meme, under appointment by the Court of Appeal, 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 Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Daryl Anthony Sconiers, Jr. (defendant), appeals from the judgment entered after he was resentenced upon the granting of his petition for vacatur and resentencing pursuant to Penal Code former section 1170.95 (now § 1172.6).1 Defendant contends, and respondent agrees, that the three-year parole period imposed was unauthorized and must be reduced to a two-year parole period. We agree and will modify the judgment accordingly.

BACKGROUND Defendant was convicted in 2014 of first degree murder as an aider and abettor of first degree burglary during which his accomplice committed a homicide (count 1). Defendant was also convicted of attempted first degree robbery (count 2) and first degree burglary (count 3), with a principal armed in the commission of the offenses (§ 12022, subd. (a)(1)). Defendant was sentenced to life in prison without the possibility of parole due to the jury’s finding true the special circumstance alleged pursuant to section 190.2, subdivision (a)(17), that an accomplice committed the murder during the commission of a first degree burglary and during the commission of attempted first degree robbery. (See § 190.2, subd. (d).) Defendant was also sentenced to a determinate term of three years plus a one-year firearm enhancement as to count 2, and a term of six years plus a one- year firearm enhancement as to count 3. The sentences on counts 2 and 3 were stayed pursuant to section 654. Defendant