People v. Lea CA3

BACKGROUND

On September 3, 2019, defendant pled guilty to receiving a stolen vehicle and admitted he had a prior strike conviction and had served a prior prison term. In accordance with the plea agreement, the trial court sentenced him to the low term of 16 months, doubled for the strike, plus one year for the prior prison term, for an aggregate

1 sentence of three years eight months. The court awarded credits and imposed various fines and fees. Defendant did not appeal the judgment and it became final on November 4, 2019. (Cal. Rules of Court, rule 8.308(a); People v. Alexander (2020) 45 Cal.App.5th 341, 344.) Defendant filed a petition to strike his one-year prior prison term enhancement pursuant to Senate Bill No. 136 on September 29, 2020. The trial court denied the petition. Defendant filed a second petition to strike the prior prison term enhancement on January 8, 2021.1 The trial court again denied the petition. Defendant filed a timely notice of appeal. Defendant also filed a petition for resentencing under Proposition 47, seeking to reduce his felony conviction to a misdemeanor on December 17, 2020. The trial court denied the petition. Defendant filed a timely notice of…