People v. Neal CA2/3

Filed 1/22/15 P. v. Neal CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B255913

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA008003) v.

FREDDIE NEAL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Affirmed.

Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, Freddie Neal, appeals from the trial court’s order denying his motion to recall and reduce his sentence. (Pen. Code, § 1237, subd. (b).)1 We affirm the order. BACKGROUND On March 20, 1992, the trial court sentenced Neal to 185 years to life in state prison following his conviction of 31 serious and violent crimes, including seven robberies (§ 211), an assault with the intent to commit mayhem, rape, sodomy, oral copulation or another specified offense during the commission of a first degree burglary (§ 220), four burglaries (§ 459), nine forcible rapes or penetrations of genital or anal openings by foreign objects while acting in concert (§ 264.1) and two acts of forcible oral copulation while acting in concert (§ 288a, subd. (d)). On January 29, 2014, Neal filed a motion in the trial court to have his sentence recalled. He requested the trial court to resentence him to a term of 36 years to life. Following a hearing held on March 13, 2014, the trial court stated in its minute order: “On March 20, 1992, the court sentenced [Neal] to 185 years to life in state prison. [Neal] requests that this court recall the sentence and run numerous counts concurrent instead of consecutive, which would result in a sentence of 36 years to life. [Neal] takes responsibility for his crimes and begs the court to consider his conduct while in custody and numerous letters of support from family members.” After considering Neal’s petition, the trial court “respectfully denied” it. On April 16, 2014, Neal filed a timely notice of appeal from the trial court’s order. CONTENTIONS After examination of the record, appointed appellate counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.