People v. Rogers CA4/1

Filed 11/12/15 P. v. Rogers CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068182

Plaintiff and Respondent,

v. (Super. Ct. No. SCD106382)

TYRONE ROGERS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Laura R. Sheppard for Defendant and Appellant.

No appearance for Respondent.

In 1994, Tyrone Rogers was convicted by a jury of two counts of first degree

residential burglary (Pen. Code,1 § 459). He was ultimately sentenced to a term of four

years in prison.

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

In 2015, while serving a prison sentence for a different offense, Rogers filed a

petition for writ of habeas corpus in this case, seeking among other relief, the recall of his

burglary sentences pursuant to Proposition 47 (§ 1170.18). The trial court deemed the

petition for writ of habeas corpus to be a petition to recall the sentences under section

1170.18. The court entered a written order denying the petition to recall the sentences.