P. v. Quinton CA4/1

Filed 7/19/13 P. v. Quinton CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063231

Plaintiff and Respondent,

v. (Super. Ct. No. SCS172950)

ERIC QUINTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Law Offices of Russell S. Babcock and Russell S. Babcock, under appointment by

the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

In 2003, Eric Quinton was convicted of making criminal threats (Pen. Code,1

§ 422). He admitted two serious/violent felony prior convictions ("strike priors") within

1 All further statutory references are to the Penal Code unless otherwise specified.

the meaning of section 667, subdivisions (b) through (i). Quinton was sentenced to an

indeterminate term of 25 years to life.

Following the passage of Proposition 36 (Three Strikes Reform Act of 2012),

Quinton filed a petition to recall his sentence pursuant to section 1170.126. The trial