People v. Jackson CA2/1

Filed 5/8/15 P. v. Jackson CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B259996

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA039187) v.

AVALON DESSELINE JACKSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed. Avalon Desseline Jackson, in pro. per.; and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _____________________

Avalon Desseline Jackson appeals from an order denying his motion to recall his sentence under the Three Strikes Reform Act of 2012, added by Proposition 36. (Pen. Code, § 1170.126.)1 His appointed counsel filed a Wende brief raising no issues and asking this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436, 441.) On January 22, 2015, we sent letters to appellant and appointed counsel, directing counsel to immediately forward the appellate record and a copy of the Wende brief to appellant and advising him that he had 30 days within which to personally submit any contentions or issues he wished us to consider. On February 23, 2015, appellant filed a supplemental brief essentially arguing that the trial court should have used the standard applicable to parole hearings in considering his motion to recall his sentence.2

BACKGROUND In 1999, appellant was convicted of possession of a controlled substance (Health & Saf. Code, § 1150) and, because he was found to have two prior “strike” convictions, was sentenced under the “Three Strikes” law (§§ 667, 1170.12) to an indeterminate life term, with a 25-year minimum term. In November 2012, the voters of this state enacted Proposition 36, which amended the Three Strikes law to limit sentences to current convictions for serious or violent felonies and a limited number of other felonies, unless the offender has a prior strike conviction that falls within one of several enumerated categories. (§§ 667, 1170.12.) The amended Three Strikes law establishes a procedure for qualified inmates serving indeterminate life sentences under the Three Strikes law to seek resentencing under the terms of the amended law. (§ 1170.126.)