People v. Thornton CA4/1

Filed 2/16/16 P. v. Thornton CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D068949

Plaintiff and Respondent, (Super. Ct. No. SCE295036) v.

WILLIAM CECIL THORNTON,

Defendant and Appellant.

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

Danielsen, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In 2010, William Cecil Thornton pleaded guilty to one count each of robbery and

petty theft and admitted two prior prison term enhancements. The trial court sentenced

him to three years in prison. On our own motion, we take judicial notice that Thornton

appealed from the judgment. (Evid. Code, § 452, subd. (d)(1).) While that appeal was

pending, Thornton filed a writ of habeas corpus. The trial court concluded that Thornton

had received ineffective assistance when defense counsel allowed him to plead guilty to

both robbery and the lesser included offense of petty theft. The trial court modified

Thornton's sentence by vacating the petty theft conviction and the sentence for that