People v. Daniels CA2/8

Filed 6/26/15 P. v. Daniels CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B261777

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA301458) v.

MICHAEL DANIELS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Drew E. Edwards, Judge. Affirmed.

Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.

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In 2008, a jury convicted Michael Daniels of one count of driving under the influence and causing bodily injury to another (Veh. Code, § 23153, subd. (a)), and one count of driving with a blood alcohol level of .08 percent or more and causing bodily injury to another (Veh. Code, § 23153, subd. (b)). As to each count, the jury also found Daniels personally inflicted great bodily injury within the meaning of Penal Code section 12022.7, subdivision (b). The trial court found Daniels suffered three prior strike convictions (Pen. Code §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(c)), four prior serious felony convictions (Pen. Code § 667, subd. (a)), and had served four prison terms (Pen. Code § 667.5, subd. (b)). He was sentenced to 45 years to life in state prison.1 In December 2014, Daniels filed a petition seeking resentencing under Proposition 47, the Safe Neighborhood and Schools Act (Pen. Code § 1170.18 ; Proposition 47 or the Act). The trial court denied the petition. We affirm. FACTS We detailed the underlying facts in a nonpublished opinion deciding Daniels’s direct appeal from the jury conviction (People v. Daniels, B208132, Aug. 31, 2009). Those facts are not at issue here. In December 2014, Daniels sought resentencing under Proposition 47. The trial court denied the petition. At a hearing on the petition, the court explained the matter was not eligible for resentencing under Proposition 47. DISCUSSION Appellant filed a timely notice of appeal. We appointed appellate defense counsel. On June 3, 2015, appellant’s appointed counsel filed an opening brief raising no issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On the same day, we notified appellant by letter that he could submit within 30 days any ground of appeal,