People v. Torres CA2/8

Filed 12/12/23 P. v. Torres CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B324422

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA485268) v.

ANGEL RAMON TORRES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Mildred Escobedo, 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 Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Angel Ramon Torres appeals from his conviction for assault pursuant to a stipulated plea agreement. In June 2022, after defendant had repeatedly failed to comply with the terms of his probation, the trial court revoked probation and lifted the stay of execution on the previously imposed four-year upper term sentence. Defendant moved unsuccessfully for a recall of sentence and obtained a certificate of probable cause. His sole contention on appeal is that his upper term sentence is no longer valid in light of the passage of Senate Bill No. 567 (2021–2022 Reg. Sess.) and we should order modification of his agreed-upon sentence from a four-year upper term to a three-year midterm or remand for further proceedings. We affirm. FACTUAL AND PROCEDURAL SUMMARY Defendant and an accomplice were unruly on a city bus and threatened to kill the bus driver. In August 2020, defendant pled no contest to one count of assault likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The parties stipulated to a factual basis for the plea. The court accepted defendant’s waivers on the record and found defendant guilty. Defendant admitted suffering a prior 2007 strike conviction for first degree burglary. Pursuant to the terms of the plea agreement, the court dismissed the prior strike allegation and imposed a four-year upper term. Defendant was awarded 34 days of presentence custody credits. The court suspended execution of sentence and placed defendant on three years formal probation, the terms of which included 30 days of community labor. Thereafter, defendant repeatedly failed to comply with the terms of his probation.