People v. Welch CA4/2

Filed 1/15/14 P. v. Welch 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E059376

v. (Super.Ct.No. FVA03949)

ALBERT ALEXANDER WELCH, OPINION

Defendant and Appellant.

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

Judge. Affirmed.

David K. Rankin, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant Albert Welch appeals from the superior court’s order denying his

petition for recall of sentence under Penal Code section 1170.126.1 As discussed below,

we affirm the judgment.

In 1995, defendant was convicted of second degree robbery (§ 211), with an

enhancement for being armed with a firearm under section 12022, subdivision (a)(1).

Defendant received a sentence of one year for the enhancement plus 25 years to life

under the Three Strikes Law.