People v. Payan CA4/2

Filed 11/20/13 P. v. Payan 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E058949

v. (Super.Ct.No. FWV024819)

ROBERT CRUZ PAYAN, OPINION

Defendant and Appellant.

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

Judge. Affirmed.

Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and

Apellant.

No appearance for Plaintiff and Respondent.

1

Defendant Robert Cruz Payan 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.

BACKGROUND

Defendant was convicted in February 2003 of possessing a controlled substance

(Health & Saf. Code, § 11377, subd. (a)). It was also found true that defendant had

sustained two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12) and three prison