People v. Williams CA2/3

Filed 6/24/15 P. v. Williams CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B261021

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA051586) v.

MICHAEL EUGENE WILLIAMS,

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.

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Appellant Michael Eugene Williams appeals from an order denying his petition for a recall of sentence after the trial court sentenced him to prison for 35 years to life following his conviction by jury of criminal threats, having suffered two prior felony convictions, two prior serious felony convictions, and a prior felony conviction for which he served a separate prison term. (Pen. Code, §§ 1170.126, subd. (b), 422, 667, subds. (a) & (d), 667.5, subd. (b).) We affirm the order denying appellant’s petition for a recall of sentence. FACTUAL AND PROCEDURAL BACKGROUND On November 6, 2002, a jury convicted appellant as previously indicated. On November 25, 2002, the trial court imposed the above sentence, which included a prison term of 25 years to life pursuant to the “Three Strikes” law for the present offense of criminal threats.1 On October 24, 2014, appellant filed a petition for a recall of sentence pursuant to Proposition 36. (Pen. Code, § 1170.126, subd. (b).) Appellant waived his appearance in court for any resentencing. On November 12, 2014, the trial court denied the petition with prejudice on the ground criminal threats is a “ ‘serious felony’ ” within the meaning of Penal Code section 1192.7, subdivision (c)(38). On December 16, 2014, appellant filed a notice of appeal. CONTENTIONS After examination of the record, appointed appellate counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.