People v. Braziel CA2/7

Filed 3/1/16 P. v. Braziel CA2/7 Opinion on remand from Supreme Court

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B249830

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA183095) v.

HOMER RAY BRAZIEL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Reversed and remanded with directions.

Jonathan B. Steiner and Suzan E. Hier for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, James William Bilderback II and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

Homer Ray Braziel filed a notice of appeal from an order denying his petition for recall of his sentence under the three strikes law pursuant to Penal Code section 1170.126,1 part of Proposition 36, the Three Strikes Reform Act of 2012. We deemed his notice of appeal a petition for writ of mandate, issued an order to show cause why we should not order the trial court to vacate its order denying the petition, and then denied the petition. The Supreme Court granted review and transferred the matter to this court for reconsideration in light of People v. Johnson (2015) 61 Cal.4th 674 (Johnson). We now reverse and remand the matter to the superior court for further proceedings in accordance with the procedures specified in section 1170.126.