People v. Jimenez CA2/5

Filed 6/22/23 P. v. Jimenez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B321784

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA446047) v.

CHAD WILLIAMS JIMENEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Fred Wapner, Judge. Affirmed. 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, Steven D. Matthews and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

This is Chad Williams Jimenez’s second appeal to this court. In his first appeal, we affirmed Jimenez’s convictions for assault with a firearm, possession of a firearm by a felon, and attempted robbery, but remanded the matter for the limited purpose of allowing the trial court to decide whether to exercise its discretion to strike a five-year prior serious felony enhancement imposed under Penal Code1 section 667, subdivision (a)(1). At the resentencing hearing, the trial court struck the section 667, subdivision (a)(1) enhancement, but declined exercise its discretion to strike several personal firearm use enhancements imposed under sections 12022.5, subdivisions (a) and (d), and 12022.53, subdivision (b). In this appeal, Jimenez argues that the trial court’s refusal to strike the firearm enhancements was an abuse of discretion. We affirm the judgment. FACTS2 First Assault On April 20, 2016, at approximately 5:15 p.m., Fredy Gonzalez was driving home in his truck on Elm Street, with his window down. Gonzalez stopped at the stop sign at the intersection of Elm Street and Cypress Avenue behind another car. He felt something being pressed against the ribs on the left side of his body. When Gonzalez turned to look left, a man whom he later identified as Jimenez asked him, “Where you from?” and called him a “motherfucker.” Gonzalez told Jimenez that he did