People v. Serrano CA2/4

Filed 7/3/23 P. v. Serrano CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B323371

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA176519)

v. MODIFICATION ORDER [No Change in Judgment] GILBERT ISRAEL SERRANO,

Defendant and Appellant.

THE COURT: It is ordered that the opinion filed herein on June 29, 2023, be modified as follows: On page 1, replace Sean D. Coen, Judge with Ronald S. Coen, Judge.

_______________________________________________________________ CURREY, ACTING P.J. COLLINS, J. MORI, J.

Filed 6/29/23 P. v. Serrano CA2/4 (unmodified opinion)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B323371

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA176519) v.

GILBERT ISRAEL SERRANO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed. Jeannie Grimmond Strong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Gilbert Serrano appeals from the superior court’s order denying his motion to stay a victim restitution award pursuant to Penal Code section 1202.4.1 His appointed counsel filed a brief raising no issues and requesting that this court follow the notice procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Appellant filed a supplemental brief. We have considered appellant’s brief and find he has not established error. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND2 We discuss here only the facts relevant to the instant appeal. In 1997, appellant performed unlicensed dental work on the victim and kissed her against her will. A jury convicted appellant of battery causing serious bodily injury (§ 243, subd. (d); count one); false imprisonment (§ 236; count two); and misdemeanor unlicensed practice of dentistry (Bus. & Prof. Code, § 1701, subd. (f); count three). As to count one, the jury found true the allegation that appellant personally inflicted great bodily injury (§ 12022.7). Appellant admitted that he had been convicted of two prior strike felonies (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)). The superior court sentenced appellant to a total of 60 years to life in prison, as follows: 25 years to life on count one; a consecutive term of 25 years to life on count two, plus ten years for the two prior strike convictions (§ 667, subd. (a)(1)); and a concurrent term of six months in county jail on count three. The