People v. Singson CA2/6

Filed 10/19/15 P. v. Singson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B259573 (Super. Ct. No. SB222551) Plaintiff and Respondent, (Santa Barbara County)

v.

RONALD WILLIAM SINGSON,

Defendant and Appellant.

Ronald William Singson appeals an order denying his petition for resentencing under Penal Code section 1170.126 of the Three Strikes Reform Act of 2012.1 (§§ 667, 1170.12, 1170.126; Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012), "the Act.") We deferred resolution of Singson's petition for writ of mandate pending completion of briefing of this appeal and deny the petition by separate order. (Singson v. Superior Court, No. B262897.) We conclude that the trial court did not abuse its discretion by determining that Singson would pose an unreasonable risk of danger to public safety, and affirm. FACTUAL AND PROCEDURAL HISTORY Singson is serving an indeterminate term of 51 years to life under the three strikes law for conviction of vehicle theft (Veh. Code, § 10851, subd. (a)); two counts of

1 All statutory references are to the Penal Code unless otherwise stated.

forgery (§ 470); grand theft (§ 487); and perjury (§ 118). We affirmed the judgment on appeal. (People v. Singson (July 28, 1999, B122540) [nonpub. opn.].) Singson's criminal history includes four prior strike convictions for first degree burglary. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 459, 460.) Singson took a car from C.H., who he was dating, and sold it to a friend. Our opinion affirming the conviction described the offense as follows: "Appellant told [C.H.] he had been involved in 'some problems' with the car in Los Angeles and he had gotten rid of it for her protection. He threatened [C.H.] with physical harm. They stayed together at different motels over the next few days, and appellant assaulted her sexually at one point." (People v. Singson, supra, B122540.) Singson obtained a "junk receipt" and title for the car. (Ibid.) "Two portions of the DMV forms necessary to effectuate the transfer of title to appellant contained signatures in the name of '[L.H.],' who was [C.H.]'s mother. [L.H.] had not signed the forms and had not authorized the sale of the car." (Ibid.) Afterward, Singson "left three or four messages on [L.H.]'s answering machine during the month of July, in which he threatened to harm her and her daughter if they pressed charges against him." (Ibid.) Singson had a disciplinary record while incarcerated in the early 1990's. He was released in September 1995 and returned to prison two months later for violating parole. Singson was released on August 1996 and returned to prison one month later for violating parole. He was released in May 1997, absconded on parole, and within two weeks committed the commitment offense. In January 2013, Singson filed a petition for resentencing as a second-strike offender under the Act. The prosecutor opposed the petition. The court held an evidentiary hearing that spanned several months. Eleven witnesses testified, including experts, percipient witnesses, Singson, character witnesses, and experts for both sides. C.H. testified about the theft and sexual assault. She described facts underlying her felony conviction for forging her mother's checks in 1997. She said Singson made her take her mother's checks, threatened her with a butcher knife on the