People v. Reese CA2/3

Filed 9/22/15 P. v. Reese CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B263416

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA230274) v.

CLARENCE E. REESE,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, George G. Lomeli, Judge. Dismissed. Joy A. Maulitz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Clarence Reese appeals from the superior court’s December 19, 2014 denial of his petition for writ of habeas corpus and its January 29, 2015 denial of his motion requesting monetary credit for his presentence incarceration. Because neither order is appealable, we dismiss the appeal. PROCEDURAL HISTORY On August 25, 2004, defendant was convicted of one count of first-degree 1 murder (Pen. Code, §§ 187, 189) with special circumstances that he was engaged in attempted carjacking (§ 190.2, subd. (a)(17)(L)) and burglary (§ 190.2, subd. (a)(17)(G)); one count of attempted carjacking (§§ 664, 215, subd. (a)); and one count of first-degree residential burglary (§ 459). For each count, the jury also found a variety of firearm enhancements true (§ 12022.53, subds. (b) – (e)(1)). (People v. Reese (Mar. 7, 2007, B186147) [nonpub. opn.] at p. 2.) On September 15, 2005, the court sentenced defendant to 25 years to life and imposed a $10,000 restitution fine. On December 12, 2014, defendant filed a petition for writ of habeas corpus in the superior court challenging the constitutionality of the restitution fine. The court denied 2 the petition on December 19, 2014. On January 28, 2015, defendant filed a request for judicial notice of his 2005 abstract of judgment, and a motion for monetary credit in lieu of presentence custody credit under section 2900.5. (§ 2900.5, subd. (a).) On January 29, 2015, the court denied the motion.