People v. Houston CA2/3

Filed 6/2/15 P. v. Houston CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B259922

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA015934) v.

KEVIN HOUSTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_____________________

Following a 1999 jury trial, defendant and appellant, Kevin Houston, was found guilty of receiving stolen property and being a felon in possession of a firearm (Pen. Code, §§ 496, former 12021).1 Based on the existence of prior serious felony convictions under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), the trial court sentenced Houston to a term of 25 years to life in state prison. (The judgment was affirmed on appeal in People v. Houston (Oct. 19, 2000, B135437) [nonpub. opn.]). On November 13, 2012, following the passage of Proposition 36,2 Houston, acting in propria persona, filed a petition for recall of his sentence. On January 22, 2013, the trial court denied the petition on the ground Houston had a prior conviction that rendered him ineligible for resentencing. Houston did not appeal this ruling.3 On October 14, 2014, this time acting through counsel, Houston filed a second petition for recall of his sentence. On October 22, 2014, the trial court denied this petition, ruling Houston was disqualified from recall because he had a sexually violent prior conviction, as well as a current conviction for an offense during the commission of which he was armed. Houston filed a timely notice of appeal from this ruling. We appointed counsel to represent Houston on appeal. After reviewing the record, counsel filed an opening brief requesting this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. We directed counsel to send the record on appeal and a copy of the opening brief to Houston, and notified Houston that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. Houston has not filed a supplemental brief.