People v. Edwards CA3

Filed 2/18/15 P. v. Edwards CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C076044

Plaintiff and Respondent, (Super. Ct. No. 94F08366)

v.

STEVEN GRADY EDWARDS,

Defendant and Appellant.

Defendant Steven Grady Edwards appeals from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1170.126.1 In a convoluted claim, he purports to appeal the trial court’s denial of relief on grounds of ineffective assistance of counsel during his 1995 plea to the underlying offenses. Because the trial

1 Further undesignated statutory references are to the Penal Code.

1

court correctly determined defendant did not qualify for relief under section 1170.126, we shall affirm. BACKGROUND In 1995, defendant pleaded guilty to 12 counts of receiving stolen property (§ 496, subd. (a)) and single counts of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and possession for sale of methamphetamine (Health & Saf. Code, § 11378). Defendant admitted two prior convictions for residential burglary (§ 459) in 1984 and to being personally armed with a handgun during the transportation and possession for sale offenses (§ 12022, subd. (c)). The plea was in return for a maximum sentence of 20 years. Defendant agreed that if the trial court rejected the 20-year lid, the People could amend the information to include an additional prior residential burglary conviction allegation and the court would conduct a trial on the additional strike. Defendant understood the court could then impose a sentence greater than the 20-year lid. The court rejected the 20-year lid and allowed the information to be amended to include an additional strike allegation that the court then found to be true. The court imposed a sentence of 25 years to life with a consecutive four-year term for the arming enhancement. Defendant appealed his conviction, which a panel of this court affirmed on January 28, 1997. On February 7, 2014, defendant filed a petition for resentencing pursuant to section 1170.126. As grounds for resentencing, defendant alleged he entered the plea agreement “without the full knowledge and proper advisement.” Appended to his