People v. Nash CA4/2

California Court of Appeal Apr 9, 2015 No. E062644Unpublished

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Holding. The court held that the defendant was ineligible for sentence recall under Penal Code section 1170.126 because his conviction for attempted first degree burglary constitutes a serious felony, and he is ineligible for resentencing under Proposition 47 because his offense is not covered by the statute.

Issues

Whether the trial court erred in concluding the defendant was ineligible for sentence recall under section 1170.126.
Whether the defendant's current conviction should be reduced to a misdemeanor under Proposition 47.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Because defendant’s current offense was for attempted first degree burglary, the trial court did not err in concluding that he was ineligible for recall of his sentence under section 1170.126.”

“None of those sections apply to the crime of first degree burglary, therefore, defendant is not eligible for resentencing as a misdemeanant under section 1170.18.”

Filed 4/9/15 P. v. Nash CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E062644

v. (Super.Ct.No. FSB045154)

JARVIN ONEAL NASH, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. Affirmed.

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

Appellant.

No appearance for Plaintiff and Respondent.

Following his conviction by jury of attempted first degree burglary (Pen. Code,

§§ 664/459),1 during which another person was present, and findings by the trial court

1 All further statutory references are to the Penal Code unless otherwise indicated.

that he had suffered two strike priors (§ 667, subds. (b)-(i)), defendant was sentenced to

25 years to life in prison. While serving that term, defendant, in pro per, filed a petition

for recall of his sentence pursuant to section 1170.126, which the trial court denied,

People v. Nash CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

JARVIN ONEAL NASH, OPINION

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ISSUES AND DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS RAMIREZ P. J.

KING J.

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