People v. Chavez CA2/8

Filed 4/25/23 P. v. Chavez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B321819

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA083210) v.

CESAR DANIEL CHAVEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Judith L. Meyer, Judge. Affirmed.

James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Cesar Daniel Chavez appeals from the denial of his petition for resentencing pursuant to Penal Code section 1172.6 (former § 1170.95). During the pendency of this appeal, former section 1170.95 was renumbered and recodified as section 1172.6 with no change in the text. (Stats. 2022, ch. 58, § 10.) For clarity, we refer to former section 1170.95 only by its new designation (section 1172.6). We affirm. FACTUAL AND PROCEDURAL SUMMARY Alex Malinov stored equipment from his vending machine business at a storage facility in Harbor City. He had an agreement with the owner of the facility to live on-site, acting as a security guard. On the evening of September 3, 2009, Mr. Malinov was involved in an altercation with defendant at the facility. Defendant attacked Mr. Malinov, causing a grievous injury to his neck, as well as additional lacerations on his head and chest. Defendant was charged by information with one count of willful, deliberate and premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664; count 1) and one count of mayhem (§ 203; count 2) arising from an altercation on September 3, 2009. It was alleged as to count 1 that defendant inflicted great bodily injury (§ 12022.7, subd. (a)) and, as to both counts, that defendant used a deadly and dangerous weapon (cutting object) in the commission of the offenses (§ 12022, subd. (b)(1)). It was further alleged defendant committed both offenses for the benefit of, at the direction of, or in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(1), and that defendant had suffered a prior felony conviction within the