People v. Hampton CA4/2

INTRODUCTION

Defendant and appellant Durrell Deshawn Hampton appeals from a postjudgment

order denying his petition to strike a sentencing enhancement, pursuant to Senate Bill

No. 1393. His appellate counsel filed a brief under People v. Delgadillo (2022)

Cal.5th 216 (Delgadillo), and defendant filed a supplemental brief. We have reviewed

defendant’s brief and dismiss the appeal.

PROCEDURAL BACKGROUND

Defendant was charged by second amended felony complaint with various

felonies, including assault with a firearm (Pen. Code1, § 245, subd. (a)(2)) and inflicting

corporal injury on a spouse (§ 273.5, subd. (a)), as well as allegations of inflicting great

bodily injury (GBI) (§ 12022.7, subd. (a)) and personally using a firearm (§ 12022.5,

subd. (a)). On August 26, 2021, an allegation of inflicting GBI under circumstances

involving domestic violence (§ 12022.7, subd. (e)) was added, upon motion of the

People. The defendant subsequently entered into a plea agreement with the People and

pled no contest to one count of assault with a firearm (§ 245, subd. (b), count 1) and

admitted as true the section 12022.7, subdivision (e) GBI allegation. The court dismissed

the…