Filed 8/18/21 P. v. Villeda CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE THE PEOPLE, B302413 Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA111443-01 v. ALLAN VILLEDA, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Tammy Chung Ryu, Judge. Affirmed. Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. _________________________ A jury convicted Allan Villeda of four counts of robbery committed against four victims in 2009 and 2010. The jury found Villeda personally used a firearm in the robberies and committed the crimes for his gang. The trial court sentenced Villeda to 38 years in the state prison. In February 2019 the Secretary of the California Department of Corrections and Rehabilitation sent the trial court a letter recommending it recall Villeda’s sentence and resentence him, noting the court now has the discretion to strike firearm enhancements. The trial court declined the invitation. We affirm. FACTS AND PROCEDURAL BACKGROUND 1. Villeda’s crimes, convictions, and sentence Villeda robbed four victims over a span of about five months in late 2009 and early 2010.1 In summary, these victims were: • Ignacia Melendez. Melendez was going to pick up her son from school. She went to her car parked in front of her home. Villeda pulled up in a red Ford Explorer and called to her. Melendez approached the SUV. Villeda demanded Melendez give him two gold necklaces she was wearing. Melendez saw Villeda had a gun in his lap, pointed at her. She refused and walked toward her home. Villeda got out and followed her, holding the gun. 1 We take the facts from our opinion in Villeda’s direct appeal (People v. Villeda (Sept. 27, 2012, B230494) [nonpub. opn.] (Villeda I)), of which we take judicial notice. (Evid. Code, §§ 452, subd. (d), 459.) Villeda also relies on, and quotes from, our opinion in his statement of facts on appeal. The Attorney General asks us to take judicial notice of our “file from appellant’s prior appeal” as well. 2 He threatened to shoot her if she didn’t stop. Villeda pulled the chains from Melendez’s neck and drove away. • Ever Pineda. Pineda was washing a truck, accompanied by his wife and two children. As Pineda was bending down to clean the tires, Villeda approached and yanked a gold chain from his neck. Pineda turned to find Villeda pointing a gun at him. Villeda demanded money and Pineda gave …
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