People v. Savary CA2/8

Filed 9/16/22 P. v. Savary CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B318196

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. KA083613, KA094210) v.

KEFFIER HORACE SAVARY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed.

Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. Two juries convicted appellant of murder, personal use of a firearm, conspiracy to commit murder, and dissuading a witness from testifying. On February 28, 2013, the trial court sentenced appellant to three consecutive terms of 25 years on the murder and conspiracy to murder counts and one firearm enhancement. It also imposed the midterm of two years for dissuading a witness from testifying, for a total of 77 years to life. We affirmed the convictions and sentences. (People v. Savary (Feb. 3, 2015, B247512) [nonpub. opn.].) On May 1, 2019, appellant filed a “Petition for Recall of Sentence Pursuant to Penal Code section 1170.91(a) and . . . SB 620.” He contended he was eligible for resentencing because of his previous military service and diagnosis of post-traumatic stress disorder. He also argued the court should exercise its discretion under newly enacted Senate Bill No. 620 to strike the firearm enhancements. The trial court denied the petition. On appeal we reversed only as to the term imposed for dissuading a witness. We found Penal Code section 1170.91 applies only to determinate sentences. We directed the court to reconsider the two-year midterm sentence imposed on appellant and affirmed the remaining indeterminate terms for murder and conspiracy to commit murder. We also directed the trial court to consider under Senate Bill No. 620 whether to strike the firearm enhancements. (People v. Savary (Feb. 25, 2020, B299514) [nonpub. opn.].)