People v. Jenkins CA1/5

Filed 2/17/16 P. v. Jenkins CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A143694 v. LOUIS JENKINS, (San Mateo County Super. Ct. No. SC37642) Defendant and Appellant.

Louis Jenkins appeals from a postjudgment order denying his motion for resentencing under Penal Code section 1170.126. His attorney has filed a brief seeking our independent review of the record, pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) (see Anders v. California (1967) 386 U.S. 738), in order to determine whether there is any arguable issue on appeal. We find no arguable issue and affirm.

I. FACTS AND PROCEDURAL HISTORY In 1996, a jury found Jenkins guilty of one count of first degree residential burglary and one count of second degree commercial burglary. (Pen. Code, §§ 459, 460.)1 Jenkins waived a jury trial on his alleged prior convictions and the court found true the allegations of two prior strike convictions (§ 1170.12, subd. (c)(2)), two prior serious felony convictions (§ 667, subd. (a)), and a prior prison term (§ 667.5, subd. (b)). The court sentenced Jenkins to state prison for a term of 35 years to life on the residential burglary count (25 years to life plus two consecutive five-year enhancements under

1 All further undesignated statutory references are to the Penal Code.

1

section 667, subdivision (a)), and imposed a concurrent two-year term on the commercial burglary count. Jenkins appealed (appeal No. A074789). In 1998, the Court of Appeal affirmed the judgment. In April 2014, while represented by legal counsel, Jenkins filed a petition for resentencing under section 1170.126, pursuant to the Three Strikes Reform Act of 2012 (Proposition 36, approved by voters on November 6, 2012). The People opposed the petition, arguing that Jenkins was statutorily ineligible because the conviction for which he received his indeterminate life sentence—residential burglary—is a serious felony within the meaning of section 1192.7, subdivision (c). (See § 1170.126, subd. (e)(1).) Alternatively, the People argued, Jenkins’s criminal history and misconduct in prison established that resentencing would pose an unreasonable risk of danger to public safety, and on that basis the court should exercise its discretion not to resentence. (See § 1170.126, subds. (f) & (g).) The court denied Jenkins’s petition in November 2014. This appeal followed.