Opinion
B296873
02-28-2020
THE PEOPLE, Plaintiff and Respondent, v. CARL STICH, Defendant and Appellant.
Paul Stubb Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. VA028561) APPEAL from an order of the Superior Court of Los Angeles County, Yvonne T. Sanchez, Judge. Affirmed. Paul Stubb Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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In 1995, the jury found defendant and appellant Carl Stich guilty of robbery. (Pen. Code, § 211.) As relevant here, the trial court imposed three five-year enhancements for prior serious felony convictions (§ 667, subd. (a)(1)).
All further statutory references are to the Penal Code unless otherwise indicated. --------
On March 1, 2019, Stich filed a motion for resentencing under Senate Bill No. 1393, which eliminates the prior prohibition on striking a five-year enhancement under section 667, subdivision (a). Stich sought a resentencing hearing in which the trial court would consider whether to strike his prior serious felony enhancements. The court denied the motion.
Stich timely appealed the trial court's order, and this court appointed counsel to represent him on appeal. After examining the record, Stich's attorney filed an opening brief raising no issues. On November 6, 2019, this court advised Stich that he had 30 days to personally submit any contentions or issues he wished us to consider. We received no response.
We have examined the entire record and are satisfied that Stich's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436.) Senate Bill No. 1393 applies retroactively only to convictions which were not final on the effective date of the statute, January 1, 2019. (People v. Garcia (2018) 28 Cal.App.5th 961, 971-972.) Stich's conviction became final years before the effective date; he was therefore not entitled to resentencing.
DISPOSITION
The trial court's order is affirmed.
MOOR, J.
We concur:
RUBIN, P. J.
KIM, J.