People v. Cook CA4/1

Filed 2/19/14 P. v. Cook CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064535

Plaintiff and Respondent,

v. (Super. Ct. No. SCD197114)

DONALD LEE COOK,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

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

Appellant.

No appearance for Respondent.

In 2006 Donald Lee Cook entered a negotiated guilty plea to residential burglary

(Pen. Code, §§ 459/460)1 and admitted three prior strike convictions (§§ 667, subds. (b)-

1 All statutory references are to the Penal Code.

(i), 1170.12), one prior serious felony conviction (§§ 667, subd. (a)(1), 668, 1192.7, subd.

(c)) and serving five prior prison terms (§§ 667.5, subd. (b), 668). The court struck two

of the prior strike convictions and sentenced appellant to 18 years in prison.

In August 2013, appellant filed a motion requesting the court recall the previously

imposed sentence pursuant to section 1170, subdivision (d) and modify his sentence in