People v. Thornton CA4/1

Filed 2/29/16 P. v. Thornton CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D068880

Plaintiff and Respondent,

v. (Super. Ct. No. SCN130098)

KEITH THORNTON,

Defendant and Appellant.

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

Danielsen, Judge. Affirmed.

Richard L. Fitzer for Defendant and Appellant.

No appearance for Respondent.

In 2002, a jury convicted Keith Richard Thornton of first degree burglary (Pen.

Code,1 §§ 459, 460); second degree commercial burglary (§ 459) and receiving a stolen

vehicle (§ 496d). Multiple strike allegations were also found true. Thornton was

sentenced in this case and one other to an aggregate term of 102 years to life in prison.

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

In March 2014, Thornton filed a petition under Proposition 36 (§ 1170.126) to

recall his sentence. In August 2015, Thornton filed a petition under Proposition 47

(§ 1170.18) to redesignate certain felony convictions as misdemeanors.