People v. Tillman CA3

Filed 2/25/15 P. v. Tillman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C075552

Plaintiff and Appellant, (Super. Ct. No. 09F09412)

v.

DERRICK DION TILLMAN,

Defendant and Respondent.

In case No. C070879,1 a jury convicted defendant Derrick Dion Tillman of driving in wanton disregard for persons or property while fleeing a pursuing peace officer (count 1), carrying a concealed weapon (count 2), carrying a loaded firearm (count 3), possession of a firearm by a felon (count 4), and the court found he had two prior strike

1 We take judicial notice of our records in defendant’s prior appeal in this case, People v. Tillman (May 16, 2013, C070879) (nonpub. opn.), as modified May 24, 2013. (Evid. Code, § 459, subd. (d).)

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convictions. On April 13, 2012, after denying defendant’s Romero2 request to strike one of his prior strikes, the trial court sentenced him to 50 years to life based upon consecutive 25-year-to-life terms imposed for the offenses in counts 1 and 4. In so sentencing defendant, the court stated it “believe[d] 50 years to life is too high.” The sentences for the two firearm counts were stayed pursuant to Penal Code section 654.3

Defendant initially appealed on April 19, 2012. He contended, among other things, that his trial counsel was ineffective for failing to argue to the trial court that it could strike one of his prior strike convictions on just a single count as authorized by People v. Garcia (1999) 20 Cal.4th 490 (Garcia), which permitted the trial court to strike prior convictions on an individual count-by-count basis. (Id. at pp. 492-493.) We agreed with defendant, vacated his sentence and remanded the matter “to the trial court for resentencing to permit it to exercise its discretion as authorized by Garcia, supra, 20 Cal.4th 490.”4 Our unpublished opinion was filed on May 16, 2013, and the remittitur issued on July 17, 2013.