People v. Garcia CA4/2

Filed 1/21/14 P. v. Garcia 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E058928

v. (Super.Ct.No. RIF125592)

PEDRO GARCIA, OPINION

Defendant and Appellant.

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

Affirmed.

Elizabeth Garfinkle, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant Pedro Garcia appeals from the superior court’s denial of his motion to

recall his sentence pursuant to Penal Code 1 section 1170.126. As discussed below, we

affirm.

On March 23, 2006, a jury convicted defendant of assault with a deadly weapon

on a peace officer (§ 245, subd. (c)), two counts of battery against a peace officer (§ 243,

subd. (c)(2)), and two counts of obstructing an executive officer (§ 69).