People v. Tennant CA2/3

Filed 8/7/14 P. v. Tennant CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B254825

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA048602) v.

MICHAEL TENNANT,

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.

Following a 1998 jury trial, defendant and appellant, Michael Tennant, was found guilty of first degree residential burglary (Pen. Code, § 459).1 The jury further determined Tennant previously had been convicted of two serious or violent felonies pursuant to section 667, subdivision (a) and three serious or violent felonies within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced Tennant to a total term of 35 years to life in prison. The judgment was affirmed on appeal (People v. Tennant (Oct. 21, 1999, B127319) [nonpub. opn.]). On July 16, 2013, Tennant, acting in propria persona, filed a motion “for sentence reduction pursuant to Proposition 36.”2 On January 28, 2014, following a hearing held on the matter, the trial court denied the motion with prejudice. We affirm the trial court’s order.3 BACKGROUND In a motion filed in the trial court on July 16, 2013, Tennant, acting in propria persona, asserted a jury had previously found him guilty of first degree burglary, then determined he had suffered three crimes which amounted to “strikes” and two crimes which amounted to serious felony convictions pursuant to section 667, subdivision (a)(1). In view of his prior “strikes,” the trial court had sentenced Tennant to 25 years to life for his current offense, a first degree burglary, then imposed an additional 10 years for the prior serious felonies. In his motion, Tennant argued his prior “strikes,” convictions for first degree burglaries, had not actually been proven to be strikes and thus should now be stricken.