People v. Alexander CA3

Filed 8/16/24 P. v. Alexander CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C099293

Plaintiff and Respondent, (Super. Ct. Nos. 111041, 111143) v.

STEVEN ALEXANDER,

Defendant and Appellant.

Defendant Steven Alexander appeals the trial court’s denial of his petition for resentencing under Penal Code section 1172.6.1 Appointed counsel filed a brief seeking our independent review under People v. Delgadillo (2022) 14 Cal.5th 216. Separately, Alexander filed a supplemental brief in which he appears to challenge the trial court’s

1 Undesignated statutory references are to the Penal Code. Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) Although Alexander’s petition was filed in November 2022, it cites former section 1170.95. We will cite to the current section 1172.6.

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conclusions regarding his mental state as well as the imposition of consecutive sentences on the underlying charges. We affirm. BACKGROUND An information filed in 1992 charged Alexander with kidnapping for purposes of robbery (§ 209, subd. (b)), kidnapping (§ 207, subd. (a)), robbery (§ 211), forcible sodomy (§ 286, subd. (c)), attempted murder with premeditation and deliberation (§§ 664/187), and being a felon in possession of a firearm (former § 12021, subd. (a), now § 29800, subd. (a)(1)). As to the first five counts, the information alleged that Alexander personally used a firearm (§§ 12022.3, subd. (a), 12022.5, subd. (a)), and inflicted great bodily injury (§§ 12022.7, 12022.8). The information additionally alleged that Alexander had a prior conviction within the meaning of the Three Strikes Law, which qualified as a prior serious felony (§ 667, subd. (a)), and that he had served a prior term in prison (§ 667.5, subd. (a)). The facts of the underlying offense are set forth in the appellate opinion from Alexander’s prior appeal. (See People v. Alexander (Aug. 19, 1993, C014151) [nonpub. opn.].)2 Alexander accosted the victim with a gun while she was depositing money at an ATM. (Ibid.) He told her to get her money and walk to her car. (Ibid.) Once in the car, he directed her to drive to an isolated area, threatening to shoot her if she drew attention and warning her not to look at his face. (Ibid.) Alexander obtained the victim’s ATM card and PIN number and took her jewelry while they were driving. (People v. Alexander, supra, C014151.) At a secluded location, he told her to take off her clothes, and he sodomized her. (Ibid.) He shot her three times in the head, but she survived and was able to summon help. (Ibid.) Police apprehended Alexander when he tried to use the victim’s ATM card. (Ibid.)