People v. Divincenzo CA4/2

Filed 3/23/23 P. v. Divincenzo CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E079825

v. (Super.Ct.No. FVI18001143)

RYAN MATTHEW DIVINCENZO, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Debra Harris,

Judge. Affirmed.

Laura Arnold, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Ryan Matthew Divincenzo appeals the San Bernardino

County Superior Court’s denial of his petition for resentencing made pursuant to section

1385 of the Penal Code.1 We affirm.

BACKGROUND

In August 2019, defendant pled no contest to assault by means of force likely to

cause great bodily injury and admitted an infliction of great bodily injury enhancement

and a prior strike. (§§ 245, subd. (a), 1170.12, subds. (a)-(d), 12022.7, subd. (a).) The