People v. Nevarez CA2/2

Filed 11/8/22 P. v. Nevarez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B318952

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA041127) v.

DAVID DANIEL NEVAREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Juan Carlos Dominguez, Judge. Dismissed.

Richard B. Lennon, 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, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

______________________________

BACKGROUND In 1999, defendant and appellant David Daniel Nevarez was convicted by a jury of two counts of robbery (Pen. Code, § 211)1 and petty theft with a prior theft conviction (§ 666), and one count of burglary (§ 459). The trial court found that defendant had previously suffered two prior “strike” convictions and one prior prison term. (§§ 667, 667.5, subd. (b), & 1170.12.) Defendant appealed, and we affirmed the convictions but remanded the matter for resentencing. (People v. Nevarez (Oct. 24, 2000, B132831) [nonpub. opn.], at pp. 2, 13.) On remand, the trial court reimposed the two 25 years to life sentences running consecutively and imposed two years as enhancements for the prior prison term. Defendant again appealed, and we modified the judgment by striking an unauthorized term of defendant’s punishment. (People v. Nevarez (May 13, 2003, B155431) [nonpub. opn.], at p 3.) In 2021, the Legislature passed, and the Governor signed, Senate Bill No. 483 (2021-2022 Reg. Sess.) (Sen. Bill 483). Sen. Bill 483 added section 1171.1, which renders “legally invalid” “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense[.]” (§ 1171.1, subd. (a).) Pursuant to section 1171.1, defendant filed a motion to strike the one-year enhancement attributable to his prior prison term. The trial court denied his motion, and defendant appeals.