People v. Hobley CA2/2

Filed 2/17/16 P. v. Hobley CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B266812

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA022729) v.

TIMOTHY HOBLEY,

Defendant and Appellant.

THE COURT:* Defendant and appellant Timothy Hobley (defendant) appeals from an order denying his petition to recall his sentence and for resentencing under Proposition 36. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. After we notified defendant of his counsel’s brief and gave him leave to file his own brief or letter stating any grounds or argument he might wish to have considered, defendant submitted a supplemental brief, raising defects in his underlying conviction. After reviewing the entire record and defendant’s supplemental brief, we find no arguable issues and affirm the order.

* BOREN, P.J., ASHMANN-GERST, J., CHAVEZ, J.

In 2001, defendant was charged with five felonies, as follows: counts 1, 2, and 3, assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a)1; counts 4 and 5, making a terrorist threat, in violation of section 422, with the special allegations that in committing the two terrorist threat counts, defendant personally used a knife, within the meaning of section 12022, subdivision (b)(1). The information alleged pursuant to the “Three Strikes” law, sections 1170.12, subdivision (a)-(d), and 667, subdivisions (b)-(i), and section 667 subdivision (a), that defendant had suffered a conviction of attempted robbery in 1986 and of a felony violation of section 245, subdivision (a)(1), in 1995. A jury convicted defendant of counts 1, 2, 4, and 5 as charged, and as to count 3, convicted defendant of misdemeanor assault in violation of section 240. The jury found true that defendant personally used a knife in making the terrorist threats. Following a court trial on defendant’s prior convictions the trial court found them true. On June 3, 2002, the trial court imposed three concurrent third-strike sentences totaling 36 years to life in prison. As to count 4, the base term, the court imposed a sentence of 25 years to life, enhanced by one year for the use of a deadly weapon, and 10 years due to two prior serious felony convictions alleged under section 667, subdivision (a). The court also imposed concurrent 25 years to life sentences as to each of counts 1 and 2, assaults with a deadly weapon, each enhanced by 10 years; and a concurrent 25 years to life as to count 5, enhanced by one year. We subsequently affirmed the judgment in a nonpublished opinion. (People v. Hobley (July 1, 2003, B160419).) In August 2015, defendant filed Proposition 36 petitions to recall his third-strike sentences pursuant to section 1170.126.2 Defendant alleged that the convictions for which he was serving the sentences, assault with a deadly weapon and criminal threats,