People v. Daniels CA2/8

Filed 7/9/14 P. v. Daniels CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B254602

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA301458) v.

MICHAEL DANIELS,

Defendant and Appellant.

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

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.

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In 2008, a jury convicted Michael Daniels of one count of driving under the influence and causing injury to another (Veh. Code, § 23153, subd. (a)), and one count of driving with a blood alcohol level of .08 percent or more and causing injury to another (Veh. Code, § 23153, subd. (b)). As to each count, the jury also found Daniels personally inflicted great bodily injury within the meaning of Penal Code section 12022.7, subdivision (b).1 The trial court found Daniels suffered three prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(c)), four prior serious felony convictions (§ 667, subd. (a)), and had served four prison terms (§ 667.5, subd. (b)). He was sentenced to 45 years to life in state prison.2 In September 2013, Daniels filed a petition seeking resentencing under Proposition 36, the Three Strikes Reform Act of 2012 (§ 1170.126). The trial court denied the petition. We affirm. FACTS We detailed the underlying facts in a nonpublished opinion deciding Daniels’s direct appeal from the jury conviction (People v. Daniels, B208132, Aug. 31, 2009.) Those facts are not at issue here. In September 2013, Daniels sought resentencing under the Three Strikes Reform Act (the Act).3 The trial court denied the petition. In a written ruling, the trial court explained that one of Daniels’s current felony convictions was for driving under the influence and causing great bodily injury (Veh. Code, § 13152, subd. (a)), and the jury found true the allegation that during the commission of the crime, Daniels caused great bodily injury (§ 12022.7, subd. (b).), which made the underlying