People v. Ashanti CA2/1

Filed 8/19/14 P. v. Ashanti CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B249709 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BA118005) v. ASKIA SANKOFA ASHANTI, Defendant and Appellant.

B252733 In re ASKIA SANKOFA ASHANTI, On Habeas Corpus.

B253241 ASKIA SANKOFA ASHANTI, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

APPEAL from an order of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed. ORIGINAL PROCEEDINGS; Petition for Writ of Habeas Corpus and Petition for Writ of Mandate. Petitions denied.

Askia Sankofa Ashanti, in pro. per; Jonathan B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant in No. B249709. Askia Sankofa Ashanti, in pro. per., for Defendant and Appellant in No. B252733 and Petitioner in No. B253241. No appearance for Plaintiff and Respondent in Nos. B249709 and B252733 and for Real Party in Interest in No. B253241. No appearance for Respondent in No. B253241. _______________________________________

Askia Ashanti appeals from the trial court’s denial of his petition under Proposition 36 (Pen. Code, § 1170.126) to reduce his “Three Strikes” sentence of 25 years-to-life. He also petitions this court for writs of habeas corpus and mandate. The appeal and the writ petitions raise the same three issues: (1) the trial court lacked jurisdiction to try his third strike offense; (2) denying him a sentence reduction under Proposition 36 violates the double jeopardy clause of the United States and California constitutions; and (3) denies him his rights to equal protection and due process of law. We ordered the appeal and the petitions considered together. We affirm the order of the trial court and we deny the petitions for habeas corpus and mandate. FACTS AND PROCEEDINGS BELOW In 1980, Ashanti was convicted of murder as a juvenile. In 1988, Ashanti was convicted of rape. In 1996, Ashanti was convicted of joy riding (Veh. Code, § 10851, subd. (a)) and sentenced to 25 years-to-life under the Three Strikes Law (former Pen. Code, § 1170.12, subd. (c)(2).)1 In November 2012, California voters enacted Proposition 36 (the Three Strikes Reform Act of 2012). As a general rule, under the Three Strikes Law as amended. a defendant with two prior serious or violent felony convictions who is convicted of a third felony that is non-serious and non-violent will no longer automatically face an