People v. Holt CA4/3

Filed 5/9/14 P. v. Holt CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE,

Plaintiff and Respondent, G048465

v. (Super. Ct. No. 97NF2363)

DANA ANTONIO HOLT, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Kenneth H. Nordin, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, and Charles C. Ragland, Deputy Attorney General, for Plaintiff and Respondent.

Dana Antonio Holt appeals from an order denying his petition to recall his sentence pursuant to Penal Code section 1170.126.1 Holt argues the trial court erred in denying his petition. We invited the parties to file supplemental letter briefs on the issue of whether this court can affirm the trial court’s order because Holt filed his petition in propria persona while represented by counsel. We conclude we can and affirm the order. FACTS On August 28, 1998, a jury convicted Holt of conspiracy to commit robbery (Pen. Code, §§ 182.1, 211).2 On October 30, 1998, the trial court found Holt suffered two prior serious felony convictions, a 1988 robbery conviction and a 1990 robbery conviction, and the conspiracy to commit robbery conviction was a third strike conviction (Pen. Code, §§ 667, subds. (d) & (e)(2), 1170.12, subds. (b) & (c)(2)). The court sentenced Holt to 25 years to life for conspiracy to commit robbery. We affirmed Holt’s conviction in August 2000. (People v. Holt (Aug. 30, 2000, G024387) [nonpub. opn.].) Our decision became final on November 8, 2000. Twelve years later, Proposition 36 (the Three Strikes Reform Act of 2012) amended sections 667 and 1170.12 to limit Three Strikes sentences to current convictions for serious or violent felonies and a limited number of other felonies unless the offender has a prior strike conviction that falls within one of several enumerated categories. Section 1170.126 establishes a procedure for qualified inmates serving indeterminate life sentences under the Three Strikes law to seek resentencing under the terms of the amended law. However, section 1170.126, subdivision (a), expressly limits the right to