People v. Woods CA2/3

Filed 1/31/24 P. v. Woods CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B324181

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA462630 v.

KEVIN DONALD WOODS,

Defendant and Appellant.

APPEALS from orders of the Superior Court of Los Angeles County, Lynne M. Hobbs and Deborah S. Brazil, Judges. Dismissed.

Kevin Donald Woods, in pro. per.; Karyn H. Bucur, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

Kevin Donald Woods purports to appeal from two orders of the superior court denying his motions (1) to strike his serious felony priors, and (2) for a court order “To Release of [sic] Victim’s Medical Records To Prosecute a Writ of Habeas Corpus [sic].” Neither order is appealable, and Woods himself concedes the second issue is moot. Accordingly, we dismiss the appeals. This is Woods’s third appeal. In 2018 a jury convicted Woods of assault by means of force likely to produce great bodily injury. The trial court granted Woods’s Romero motion1 and struck all four of his strike priors. The court then sentenced Woods to 18 years in the state prison, consisting of the upper term of four years, plus three years for the great bodily injury enhancement, plus five years each for his two serious felony priors under Penal Code section 667, subdivision (a), plus one year under section 667.5, subdivision (b) for a prior prison term. Woods appealed. We affirmed his conviction but remanded the case for the trial court to consider whether to exercise its discretion to strike Woods’s serious felony priors under then- recently-enacted Senate Bill No. 1393 (Stats. 2018, ch. 1013, § 1). (People v. Woods (Mar. 27, 2019, B289798) [nonpub. opn.] (Woods I).) In the meantime, on February 27, 2019, Woods’s court- appointed counsel filed a written motion in the trial court to strike his serious felony prior enhancements. The court conducted a hearing—at which Woods was present with counsel —on March 7, 2019. The court denied the motion to strike the five-year priors. Woods again appealed. We found no error but remanded with instructions for the court to strike the one-