People v. Villa CA2/4

Filed 5/20/14 P. v. Villa CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B252469

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA047883) v.

MARCELINO VILLA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Christopher G. Estes, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

On March 2, 2010, defendant Marcelino Villa entered into a negotiated disposition in which he pleaded no contest to a felony violation of Penal Code section 4573.61 (unauthorized possession of a controlled substance in prison) and admitted a prior felony strike conviction. In return, defendant received a four-year state prison sentence. On April 4, 2013, defendant filed a handwritten “petition for a sentence reduction,” claiming he was “not familiar with the proceedings enough to understand, at that time, that the ‘plea’ was actually NOT the same as what attorney Hovsepyan had earlier declared [sic] with me.” Defendant also argued that he was entitled to a reduction of his sentence under the Three Strikes Reform Act, added by Proposition 36. (§ 1170.126.)2 On September 19, 2013, the trial court denied defendant’s “petition for modification of sentence.” With regard to the March 2, 2010 negotiated disposition, the trial court stated in its September 19, 2013 order that, pursuant to the parties’ agreement, it “approved the negotiated plea bargain and the defendant was sentenced to four years in state prison. [¶] The court has read and considered the transcript of the March 2, 2010 proceedings wherein the court discussed the negotiated disposition, the constitutional