People v. Villescas CA2/2

Filed 3/14/24 P. v. Villescas CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B330018

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA044837) v.

ALBERTO VILLESCAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Joseph R. Porras, Judge. Affirmed.

Richard L. Fitzer, 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 Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

****** In 1998, Alberto Villescas (defendant) was convicted of two counts of being a felon in possession of a firearm (former Pen. Code, § 12021, subd. (a)(1))1 and sentenced to 26 years to life in prison, calculated as a base sentence of 25 years to life under our state’s “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(j)) plus one additional year for having served a prior prison sentence (§ 667.5, subd. (b)).2 In 2022, defendant filed a petition pursuant to what is currently section 1172.75 asking the trial court to (1) strike the one-year “prison prior” enhancement; and (2) engage in a full resentencing, which would include potentially dismissing one or two of the prior “strike” allegations.3 The trial court granted defendant’s request to strike the one-year “prison