People v. Crummer CA1/2

Filed 11/26/14 P. v. Crummer CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A141712 v. MICHAEL J. CRUMMER, (Contra Costa County Super. Ct. No. 032486-3) Defendant and Appellant.

Appellant Michael J. Crummer appeals from the trial court’s denial of his petition1 for resentencing under Proposition 36, the Three Strikes Reform Act of 2012 (Pen. Code,2 § 1170.126) (Three Strikes Reform Act). Appellant’s court appointed counsel has asked this court to independently examine the record in accordance with People v. Wende (1979) 25 Cal.3d 436 to determine if there are any arguable issues that require briefing. Appellant was informed of his right to file a supplemental brief, but he did not do so. We have independently reviewed the record and find no arguable issues. Therefore, we affirm. BACKGROUND Appellant was convicted by a jury of felony assault with a deadly weapon (§ 245, subd. (a)(1)) and second degree robbery (§§ 211; 212.5, subd. (c)). The jury found true

1 Appellant denominated his filing in the trial court a motion for resentencing, but in accordance with the statutory language of section 1170.126, we will refer to it, as did the trial court in its written decision, as a petition for resentencing. 2 All further statutory references are to the Penal Code.

1

allegations that appellant personally inflicted great bodily injury and personally used a deadly weapon (§§ 12022.7, subd. (a); 12022, subd. (b)(1)). The jury also found true the allegations that appellant had suffered two prior serious felony strike convictions within the meaning of section 667, subdivisions (b)-(i) and section 1170.12, and three prior prison convictions within the meaning of section 667.5, subdivision (b). (People v. Sandefur (Nov. 19, 2007, A110850) [nonpub. opn.], [1]