Filed 9/16/22 P. v. Savary CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE,

Plaintiff and Respondent,

v.

KEFFIER HORACE SAVARY,

Defendant and Appellant.

B318196

(Los Angeles County

Super. Ct. Nos. KA083613, KA094210)

APPEAL from an order of the Superior Court of Los 

Angeles County, Mike Camacho, Judge. Affirmed.

Michael C. Sampson, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________________
2

We review this appeal pursuant to People v. Wende (1979) 

25 Cal.3d 436.

Two juries convicted appellant of murder, personal use of a 

firearm, conspiracy to commit murder, and dissuading a witness 

from testifying. On February 28, 2013, the trial court sentenced 

appellant to three consecutive terms of 25 years on the murder 

and conspiracy to murder counts and one firearm enhancement.

It also imposed the midterm of two years for dissuading a witness 

from testifying, for a total of 77 years to life. We affirmed the 

convictions and sentences. (People v. Savary (Feb. 3, 2015, 

B247512) [nonpub. opn.].)

On May 1, 2019, appellant filed a “Petition for Recall of 

Sentence Pursuant to Penal Code section 1170.91(a) and . . . SB 

620.” He contended he was eligible for resentencing because of 

his previous military service and diagnosis of post-traumatic 

stress disorder. He also argued the court should exercise its 

discretion under newly enacted Senate Bill No. 620 to strike the 

firearm enhancements. The trial court denied the petition.

On appeal we reversed only as to the term imposed for 

dissuading a witness. We found Penal Code section 1170.91 

applies only to determinate sentences. We directed the court to 

reconsider the two-year midterm sentence imposed on appellant 

and affirmed the remaining indeterminate terms for murder and 

conspiracy to commit murder. We also directed the trial court to 

consider under Senate Bill No. 620 whether to strike the firearm 

enhancements. (People v. Savary (Feb. 25, 2020, B299514)

[nonpub. opn.].)
3

On remand, the trial court appointed counsel for appellant, 

reviewed the record and briefing, entertained oral argument and 

heard appellant’s oral statement to the court. The court declined 

to lower appellant’s two-year term or to strike the firearm 

enhancement. In so ruling, the trial court found appellant did 

suffer from post-traumatic stress disorder and found the 

aggravating factors outweighed the mitigating factors. It also 

found no basis to strike the gun use enhancements. This appeal 

followed.

On July 12, 2022, counsel filed a brief raising no issues. 

Counsel advised us he had informed appellant of his right to file 

a supplemental brief and sent him copies of the no-issue brief and 

transcripts of the record on appeal. That same day we advised 

appellant he had 30 days within which to personally submit 

contentions or issues he wants us to consider. No supplemental 

briefing was filed.

We have examined the record and are satisfied appellant’s

counsel fully complied with his responsibilities and no arguable 

issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109–110; 

People v. Wende, supra, 25 Cal.3d at p. 441.)
4

DISPOSITION

The order is affirmed. 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

STRATTON, P.J.

We concur:

WILEY, J. 

HARUTUNIAN, J.*

* Judge of the San Diego Superior Court, assigned by the 

Chief Justice pursuant to article VI, section 6 of the California 

Constitution.