People v. Ridge CA2/1

Filed 7/24/14 P. v. Ridge CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B255362

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA040116) v.

JAMES D. RIDGE,

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. ____________________________

Defendant James D. Ridge appeals from an order denying his petition for recall of his sentence pursuant to Penal Code section 1170.126, added by Proposition 36, the Three Strikes Reform Act of 2012. We conclude defendant is ineligible for resentencing under the statute because one of his prior convictions was for a violent felony. BACKGROUND In 1997, defendant was convicted of possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) The trial court sentenced him to a third strike term of 25 years to life. On June 19, 2013, defendant filed a petition for recall of sentence pursuant to 1 Penal Code section 1170.126, alleging his commitment offense was not a serious or violent felony. The trial court denied the petition, explaining one of defendant’s prior convictions was for forcible rape (§ 261(2)), which is a disqualifying offense pursuant to section 667, subdivision (e)(2)(C)(iv)(I) and made defendant ineligible for resentencing pursuant to section 1170.126, subdivision (e)(3). Defendant filed a timely appeal and we appointed counsel to represent him. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. On May 29, 2014, we sent letters to defendant and appointed counsel, directing counsel to forward the appellate record to defendant and advising defendant that within 30 days he could personally submit any contentions or issues he wished us to consider. To date he has not responded. DISCUSSION 1. Appealability Proposition 36, known as the Three Strikes Reform Act of 2012, was approved on November 6, 2012, and went into effect the next day. It amended sections 667 and 1170.12 so that an indeterminate term of 25 years to life in prison is applied only where