People v. Colmenero CA4/1

Filed 1/12/16 P. v. Colmenero CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D067066

Plaintiff and Respondent,

v. (Super. Ct. No. SCD114230; HC16791) GILBERT COLMENERO,

Defendant and Appellant.

APPEAL from postjudgment orders of the Superior Court of San Diego County,

David J. Danielsen and Amalia L. Meza, Judges. Affirmed.

Marianne Harguindeguy, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Gilbert Colmenero appeals orders denying his petition for writ of habeas corpus

and denying his petition for recall of his sentence pursuant to Penal Code section

1170.126.1

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

FACTUAL AND PROCEDURAL BACKGROUND

In 1978, Colmenero pleaded guilty to charges of kidnapping (§ 207), rape in

concert (§ 264.1), and robbery (§ 211) and admitted the truth of a section 12022.5

allegation. He was sentenced to prison for 10 years 4 months.

In 1996, Colmenero was convicted of being a felon in possession of a firearm