People v. Dominguez CA4/1

I. Background In September 2022, Dominguez pled guilty to one count of robbery

(Pen. Code,1 § 211) and admitted one prior serious felony conviction (§ 667, subd. (a)), one prior strike conviction (§ 667, subds. (b)–(i) & 1170.12), and one aggravating factor (Cal. Rules of Court, rule 4.421(b)(3)). At the sentencing that immediately followed his plea, and pursuant to the plea agreement, the trial court sentenced him to a prison sentence of 15 years, consisting of the upper term of five years on the robbery, doubled for the strike, plus five years for the prior serious felony. In July 2024, Dominguez filed a request titled “Motion for Modification of Sentence Pursuant to Senate Bill (SB) 1393 Evidentiary Hearing Request,” in which he requested “the removal or dismissal of [his] 5-year prison prior enhancement.” Senate Bill No. 1393 (2017–2018 Reg. Sess.) (Senate Bill 1393) amended section 667, subdivision (a), effective January 1, 2019, to give courts discretion to dismiss or strike a prior serious felony conviction for sentencing purposes. (See People v. Garcia (2018) 28 Cal.App.5th 961, 964. In a form “judicial review and order” (capitalization omitted), the trial court denied…