People v. Sanders CA2/6

Filed 4/25/25 P. v. Sanders CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B333422 (Super. Ct. No. SB211464) Plaintiff and Respondent, (Santa Barbara County)

v.

DANIEL K. SANDERS,

Defendant and Appellant.

Daniel K. Sanders was serving 25 years to life under the “Three Strikes” law (Pen. Code,1 §§ 667, subds. (b)-(i), 1170.12) plus one year for one of five prior prison terms (§ 667.5, subd. (b)). He petitioned for relief under section 1172.75 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The trial court struck the one-year prior prison term but otherwise denied relief. We remand for calculation of credits for actual time served. In all other respects, we affirm.

1 All further statutory references are to the Penal Code.

FACTS Underlying Offense In 1996, Sanders was convicted by a jury of one count of a lewd act on a 10-year-old child. (§ 288, subd. (a).) The jury also found true that Sanders had two prior “strike” convictions (§§ 667, subd. (e)(2)(A), 1170.12, subd. (c)(2)(A)) and served five prior prison terms (§ 667.5, subd. (b)). The trial court sentenced Sanders to 25 years to life, plus one year for one prior prison term and stayed imposition of sentence on the other prison term priors. At trial of the underlying offense the prosecution produced evidence that Sanders also sexually molested a five-year-old child and a six-year-old child, and molested and raped a 13-year-old child. We affirmed the conviction and sentence. (People v. Sanders (June 26, 1997, B102097) [nonpub. opn.].) Prior Strikes In 1970, Sanders was convicted of second degree burglary. (§ 459.) In treating the burglary as a strike, the trial court reviewed the record and determined the burglary was of an inhabited building. In 1976, Sanders was convicted of assault with a deadly weapon. (§ 245, subd. (a).) Section 1172.75 and Romero Motion In April 2022, Sanders filed a petition for resentencing under section 1172.75 and to strike a prior strike in the interest of justice pursuant to Romero, supra, 13 Cal.4th 497. Sanders argued further incarceration serves no useful purpose. He is 76 years old and claims to suffer from hepatitis C, degenerative disk disease, venous stasis disease, chronic obstructive pulmonary disease, diabetes, and hypertension. Sanders claims he uses a walker and a wheelchair. He claims his behavior has