People v. Good CA2/3

Filed 9/11/15 P. v. Good CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B261180

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA172780) v.

RAVON GOOD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _____________________

Defendant and appellant Ravon Good appeals the trial court’s denial of his motion for recall of his sentence and resentencing pursuant to Proposition 36, the Three Strikes Reform Act of 2012 (the Act). We affirm. FACTUAL AND PROCEDURAL BACKGROUND In January 1999, a jury convicted Good of selling cocaine base (Health & Saf. Code, § 11352, subd. (a)). The jury also found Good had suffered three prior “strike” convictions (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)),1 for attempted murder (§§ 664, 187, subd. (a)), robbery (§ 211), and attempted robbery (§§ 664, 211), and had served a prior prison term within the meaning of section 667.5, subdivision (b). The trial court declined to strike any of Good’s prior convictions and sentenced him to a term of 26 years to life in prison, consisting of 25 years to life for the cocaine sales offense, and one year for the prior prison term. We affirmed the judgment in unpublished opinions. (People v. Good (May 21, 2008, B198893; June 22, 2000, B132252) [nonpub. opns.].)2 On February 28, 2013, Good petitioned for recall of his sentence and resentencing under the Act, section 1170.126. On July 29, 2013, the trial court appointed counsel for Good. On December 17, 2014, the trial court denied the petition with prejudice. It found Good was ineligible for relief because one of his prior convictions was for attempted murder (§§ 664, 187, subd. (a)), a disqualifying offense. Good filed a timely notice of appeal on December 26, 2014. (See Cal. Rules of Court, rule 8.308(a).)