People v. Nino CA3

I. BACKGROUND

We upheld defendant’s underlying conviction in his previous appeal in an unpublished opinion, People v. Nino (April 1, 2020, C088303) [nonpub. opn.]. In that opinion, we noted: “A jury found defendant . . . guilty of residential burglary of an

1 occupied building (Pen. Code, §§ 459, 667.5, subd. (c)(21))1 and witness intimidation (§ 136.1, subd. (a)(2)). In a bifurcated proceeding, the trial court found true allegations that defendant had prior strike and prior serious felony convictions. (§§ 667, subds. (a), (d); 1170.12, subd. (b).) The trial court sentenced defendant to an aggregate term of 13 years in state prison.” (Nino, supra, C088303.) We did, however, grant defendant’s request for remand so that the trial court could consider exercising its discretion in light of the passage of Senate Bill No. 1393 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1013, §§ 1-2). (Nino, supra, C088303.) Thereafter, defendant asked the trial court to exercise its discretion to strike his prior serious felony enhancement in light of Senate Bill No. 1393 or otherwise reduce his sentence in the court’s discretion. Defendant testified in support of his request at the hearing on that…