People v. Mejia CA2/1

Filed 4/15/25 P. v. Mejia CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B340562

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA033027) v.

CARLOS ANTONIO MEJIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kelly M. Kelley, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal; Carlos Mejia, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________________

We resolve this case by memorandum opinion because it “raise[s] no substantial issues of law or fact.” (Cal. Stds. Jud. Admin., § 8.1.) In 1998, a jury found defendant Carlos Antonio Mejia guilty of first degree residential burglary (Pen. Code,1 §§ 459, 460, subd. (a)), and found true the allegations that he had three prior serious felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and the prior serious felony enhancement (§ 667, subd. (a)(1)). On the verdict form, the jury left blank a space for indicating its finding on a prior prison term enhancement allegation under section 667.5, subdivision (b), and the court dismissed the allegation. After denying Mejia’s motion to dismiss multiple prior strike convictions, the court sentenced him to 25 years to life in state prison for the burglary, plus five years for the prior serious felony enhancement. In May 2024, Mejia filed a petition for resentencing under section 1170.126, a statute providing that an inmate “serving an indeterminate life sentence imposed pursuant to the [T]hree [S]trikes law for a crime that is not a serious or violent felony and who is not disqualified, may have his or her sentence recalled and be sentenced as a second strike offender unless the court determines that resentencing would pose an unreasonable risk of danger to public safety.” (People v. Yearwood (2013) 213 Cal.App.4th 161, 168.) In June 2024, Mejia filed a second petition under section 1170.126. On June 28, 2024, the trial court summarily denied the petitions, stating in its order that Mejia was ineligible for resentencing under section 1170.126