People v. Hubbard CA2/5

Filed 9/4/15 P. v. Hubbard CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B262376

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA247193) v.

THOMAS LEO HUBBARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed. Sylvia W. Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant and appellant Thomas Leo Hubbard (defendant) was convicted in 2003 of one count of assault with a deadly weapon or by means of force likely to produce great bodily injury, in violation of former Penal Code1 section 245, subdivision (a)(1). Defendant waived his right to a trial on prior conviction allegations and admitted that he had suffered two prior serious felony convictions within the meaning of sections 667, subdivisions (b) through (i), and 1170.12 (the Three Strikes Law). Defendant also admitted that the convictions were for serious felonies within the meaning of section 667, subdivision (a). The trial court sentenced defendant to a term of 25 years to life in state prison. Defendant appealed from the judgment of conviction. The judgment was affirmed by this court in case number B171107.2 The Three Strikes Reform Act of 2012 added section 1170.126 to the Penal Code and amended other provisions. That section permits a person serving an indeterminate life sentence under the Three Strikes Law for conviction of a felony or felonies that are not defined as serious and/or violent under section 667.5, subdivision (c), or section 1192.7, subdivision (c) to file a petition for recall of sentence. (§ 1170.126 (Prop. 36, as approved by voters, Nov. 6, 2012, eff. Nov. 7, 2012).) In February 2013, defendant filed a petition for resentencing pursuant to section 1170.126. The People opposed the petition, arguing (1) defendant was unsuitable for resentencing because he posed a danger to public safety within the meaning of section 1170.126, subdivisions (f) and (g), and (2) defendant was ineligible for resentencing because he had intended to inflict great bodily injury in the commission of the underlying offense within the meaning of section 1170.126, subdivision (e)(2). Following a hearing, the trial court denied defendant’s petition, finding that he was ineligible for resentencing because the record showed that he intended to inflict great bodily injury in the commission of the underlying offense.