People v. Walsh CA2/1

Filed 7/6/15 P. v. Walsh CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260631

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA082539) v.

DEAN WALSH,

Defendant and Appellant.

APPEAL from a judgment of the Superior court of Los Angeles County. Tomson T. Ong, Judge. Affirmed. Dean Walsh, in pro. per.; James A. Uyeda, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

On five occasions from 1986 to 2004, Dean Walsh was convicted of nine theft- related charges—including grand theft, petty theft, robbery, and, on three separate occasions, residential burglary—and one count of failure to stop a vehicle at the scene of 1 an accident. (Pen. Code, §§ 211, 459, 487, 666; Veh. Code, § 20001.) On August 18, 2009, the Los Angeles County District Attorney filed yet another residential burglary charge, as follows: “On or about July 4, 2009, in the County of Los Angeles, the crime of FIRST DEGREE RESIDENTIAL BURGLARY, in violation of PENAL CODE SECTION 459, a Felony, was committed by DEAN GEORGE WALSH, who did enter an inhabited dwelling house and trailer coach and inhabited portion of a building occupied by [the named victim], with the intent to commit larceny and any felony. [¶] NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c).” Walsh pleaded not guilty but a jury convicted him on October 26, 2009, the verdict form stating “We, the Jury in the above-entitled action, find the defendant, DEAN GEORGE WALSH, Guilty of RESIDENTIAL BURGLARY, on or about July 4, 2009, in violation of Penal Code Section 459, a felony, as charged in Count 1 of the Information. [¶] We[] find the crime of RESIDENTIAL BURGLARY to be in the FIRST degree.” Walsh was sentenced under the “Three Strikes” law to 25 years to life in prison, plus enhancements for prior convictions and prison terms. (§§ 667, subds. (a)(1) & (e)(2)(A)(ii), 667.5, subd. (b).) We affirmed the conviction on appeal. (People v. Walsh, Oct. 30, 2012, B227016 [nonpub. opn.].) On October 28, 2014, Walsh filed, in propria persona, a petition to recall his sentence under the Three Strikes Reform Act of 2012, added by Proposition 36. (§ 1170.126; the Act.) Under the Act, an inmate serving a Three Strikes sentence is eligible for resentencing if his latest conviction was not for a felony defined as serious by subdivision (c) of section 1192.7. (§ 1170.126, subd. (e)(1).) Although first degree burglary is defined as serious by that subdivision, Walsh argued his current offense 1 Further statutory references will be to the Penal Code.