People v. Aguayo CA4/2

I.

INTRODUCTION

Defendant and appellant Gabriel Aguayo appeals from the trial court’s

postjudgment order declining to dismiss his prior serious felony conviction and firearm 1 enhancements pursuant to Penal Code sections 1171.1 and 1385. On appeal, defendant

contends the trial court’s decision to reimpose the firearm and prior serious felony

enhancements was irrational because he was serving a life term and parole regulations

protected against the risk of injury or danger to the public. We will dismiss the appeal for

lack of jurisdiction.

II.

FACTUAL AND PROCEDURAL BACKGROUND

On May 9, 2000, at approximately 2:00 p.m., Arthur Beers was sitting on Alvin

Denmon’s front porch. Defendant approached Beers and asked him what he was doing

there. Beers said that he was waiting for Denmon to return home. Defendant left for a

moment and returned with a rifle. He pointed the rifle at Beers and demanded his

identification. Beers gave defendant his wallet.

1 All future statutory references are to the Penal Code. 2 A summary of the factual background is taken from this court’s nonpublished opinion in defendant’s direct appeal, case No. E030343. (People v. Aguayo (Aug. 23,…