People v. Washington CA2/3

Filed 7/17/14 P. v. Washington CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B255076

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA027419) v.

JESSE WASHINGTON,

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 Plaintiff and Respondent.

In 1996, a jury found defendant and appellant, Jesse Washington, guilty of first degree burglary and determined he previously had suffered convictions for two serious felonies within the meaning of Penal Code section 667, subdivision (a)1 and the Three Strikes law. The trial court sentenced Washington to 25 years to life in prison.2 In February 2014, Washington, acting in propria persona, filed a petition in the trial court pursuant to section 1170.126 requesting the trial court to recall and reduce his sentence. The trial court denied the petition. We affirm the trial court’s order.3 BACKGROUND Following a trial held in 1996, a jury found Washington guilty of first degree burglary in violation of section 459 and determined he previously had been convicted of two serious felonies within the meaning of section 667, subdivision (a) and the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). On February 3, 2014, Washington, acting in propria persona, filed a petition for modification of his sentence in the 1996 case pursuant to section 1170.126, a statute enacted as a result of the 2012 passage of Proposition 36. Washington asserted he had committed no violent acts in his criminal history, which ranged from the 1980’s to 1996, and his current release date of 2030 amounted to an injustice and was “unjustifiable.” Washington indicated the trial court had abused its discretion by denying his petition for modification of his Three Strikes sentence imposed for his conviction of first degree residential burglary because, in committing that crime, he merely broke a window. He had not entered the house or taken any property from inside. Under these circumstances,