People v. Lombardi CA4/1

Filed 5/28/15 P. v. Lombardi CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067268

Plaintiff and Respondent,

v. (Super. Ct. No. SCD177650)

PAUL JOSEPH LOMBARDI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Anna M. Jauregui-Law, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

In July 2005, Paul Joseph Lombardi was convicted of attempted kidnapping (Pen.

Code,1 §§ 207, subd. (a) & 664). He was sentenced to prison in August 2005 as a third

strike offender for an indeterminate term.

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

In November 2014, Lombardi filed a petition to recall his sentence under section

1170.126 (Proposition 36). The trial court denied the petition as untimely. The trial

court held that even if the petition was timely filed the petition should be denied because

Lombardi's commitment offense was a serious felony as defined in section 1192.7,