People v. Bozeman CA4/1

Filed 11/6/14 P. v. Bozeman CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065353

Plaintiff and Respondent,

v. (Super. Ct. No. SCD132807)

STEVE BOZEMAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Leslie A. Rose, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala Harris, Attorney General, for Plaintiff and Respondent.

In 1998, a jury convicted Steve Bozeman of possession of a controlled substance

(Health & Saf. Code, § 11350 subd. (a)), resisting arrest (Pen. Code,1 § 148, subd. (a))

and destruction of evidence. (§ 135.) The court found true allegations he had suffered

1 All further statutory references are to the Penal Code.

two prison priors and five strike priors under the "Three Strikes" Law. The court

sentenced him to an indeterminate term of 25 years to life.

In January 2014, the trial court denied Bozeman's petition for resentencing under

section 1170.126, ruling he was ineligible for resentencing because he "has a number of