People v. Shell CA4/1

Filed 5/21/14 P. v. Shell CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D064433

Plaintiff and Respondent,

v. (Super. Ct. No. SCD126559)

EDWARD V. SHELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Appellate Defenders, Inc. and Arthur Martin, under appointment by the Court of

Appeal, for Defendant and Appellant.

No appearance by Respondent.

This is an appeal from the denial of a request to have a three strikes sentence

recalled pursuant to Penal Code1 section 1170.126.

In 1997, Edward V. Shell was sentenced to an indeterminate term of 80 years-to-

life following his conviction for four counts of robbery (§ 211) and one count of

1 All statutory references are to the Penal Code unless otherwise noted.

attempted robbery (§§ 211 & 664). Shell was also found to have suffered seven

serious/violent (strike) prior convictions (§ 667, subds. (b)-(i)) and one serious felony

prior conviction (§ 667, subd. (a)).