People v. Walker CA2/3

Filed 3/6/14 P. v. Walker CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B251951

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA118862) v.

MICHAEL WALKER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed.

California Appellate Project, Jonathan B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant, Michael Walker, appeals from the trial court’s order dismissing his motion for reconsideration of the order denying his petition for recall of his 25-years-to-life sentence imposed pursuant to the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d))1 and requesting that he instead be sentenced pursuant to section 1170.126.2 We affirm the trial court’s order dismissing Walker’s motion. FACTUAL AND PROCEDURAL BACKGROUND Following a trial during which a jury found him guilty of willfully evading a police officer (Veh. Code, § 2800.2), on May 10, 1996, the trial court sentenced Walker to an indeterminate term of 25 years to life in prison because the offense was his third strike within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Acting in propria persona, on November 19, 2012, Walker filed in the trial court a petition for recall of his sentence pursuant to section 1170.126. After reviewing the petition, the trial court filed an order on January 11, 2013, in which it stated: “Pursuant to . . . section 1170.126[, subdivision] (d), defendants seeking recall of sentence under that statute must ‘specify all of the currently charged felonies which resulted in’ the third strike sentence and must ‘also specify all of the prior convictions alleged and proved’ as second strikes. Here, defendant has failed to specify all of the prior strike convictions alleged and proved by the People during the underlying criminal proceedings. [¶] Defendant has also failed to allege service of the petition upon the People. A copy of any petition for recall of sentence filed with the court must be served upon the People at the office of the District Attorney, Appellate Division . . . . [¶] For the foregoing reasons, the petition for recall of sentence is denied without prejudice to refile a petition which