The People v. Irby CA4/2

Filed 9/24/13 P. v. Irby CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E058543

v. (Super.Ct.No. FVI017908)

MICHAEL CAPRICE IRBY, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Patricia M. Ihara, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

I

INTRODUCTION

Defendant Michael Caprice Irby challenges the trial court’s order denying his

1

petition for resentencing under Penal Code section 1170.126.1 As discussed below, the

trial court’s order is affirmed.

II