People v. Sterling CA4/2

Filed 11/20/13 P. v. Sterling 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E059034

v. (Super.Ct.No. RIF097911)

ROY CLIFTON STERLING, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.

Affirmed.

Beatrice C. Tillman, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Roy Clifton Sterling appeals from an order denying his

petition for recall of his indeterminate life term under Penal Code section 1170.126,

subdivision (f).1 We will affirm the order.

I

PROCEDURAL BACKGROUND

On December 20, 2001, a jury found defendant guilty of possessing a counterfeit

bill. (§ 476.) In a bifurcated bench trial, the trial court found true that defendant had