People v. James CA4/2

Filed 8/19/14 P. v. James CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E060591

v. (Super.Ct.No. FVA07037)

CECILO JAMES, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired Judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Howard C. Cohen, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Cecilo James appeals after the trial court denied his

petition to recall his three strikes sentence, pursuant to the Three Strikes Reform Act of

2012 (Reform Act) (see Pen. Code, § 1170.126). We affirm.

FACTS AND PROCEDURAL HISTORY

In 1997, defendant was charged by a felony complaint with one count of first