People v. Nelson CA2/4

Filed 11/30/15 P. v. Nelson CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B262087

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.GA091321) v.

GUY HERSHELL NELSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teri Schwartz, Judge. Affirmed. Janet Uson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Defendant Guy Hershell Nelson appeals from several orders denying requests to reduce his sentence under Penal Code section 1170, subdivision (d)1 or recall his sentence under section 1170.18. His appointed counsel filed a brief requesting that we independently review the record for error. (People v. Wende (1979) 25 Cal.3d 436, 441.) We directed counsel to send the record and a copy of the brief to defendant, and notified him of his right to respond within 30 days. Defendant did not respond. We have reviewed the record and see no arguable error that would result in a determination more favorable to defendant. FACTUAL AND PROCEDURAL BACKGROUND Defendant pleaded no contest to felony vandalism under section 594, subd. (a) (count 1), and felony petty theft by a registered sex offender (§666, subd. (b)) (count 2). Defendant admitted two prior convictions, one for violation of section 212.5 (robbery) and one for violation of section 288, subdivision (a) (lewd act on a child), both of which are “strikes” under the Three Strikes law (§§ 667, subd. (d) and 1170, subd. (b)). The conviction under section 288, subdivision (a) required defendant to register as a sex offender under section 290. Pursuant to section 667.5, Defendant also admitted he had served one prior prison term for the robbery conviction. The court sentenced defendant on September 25, 2014. The minute order from the hearing states, “Pursuant to Penal Code section 1385, the court dismisses one prior strike conviction . . . and the allegation pursuant to Penal Code section 667.5(b).” The court sentenced defendant to a term of 32 months on count 2 (theft), calculated as the low term of 16 months, doubled pursuant to the remaining strike. The court sentenced defendant concurrently on count 1 (vandalism) to the low term of 16 months, doubled pursuant to the strike. The sentence on count 1 was ordered stayed pursuant to section 654. The court awarded defendant 464 days of custody credit, calculated as 232 days of custody