People v. Alva CA4/2

Filed 11/26/13 P. v. Alva 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E058821

v. (Super.Ct.No. FSB047828)

ALBERT JOSEPH ALVA, 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.

Leslie A. Rose, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Albert Joseph Alva appeals after the trial court denied his

petition for resentencing under Penal Code section 1170.126, known as the Three Strikes

1

Reform Act of 2012. (Prop. 36, as approved by voters, Gen. Elec. Nov. 7, 2012.)1

Defendant filed a notice of appeal on May 24, 2013. We affirm.

PROCEDURAL BACKGROUND