People v. Morgan CA4/1

Filed 3/18/16 P. v. Morgan CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D068799

Plaintiff and Respondent,

v. (Super. Ct. No. SCN169417)

LEONAN MORGAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Robert E. Boyce, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In 2004, Leonan Morgan was convicted in San Diego County case

No. SCN169417 of inflicting corporal injury on a spouse or cohabitant (Pen. Code,

§ 273.5, subd. (a))1 and, based on true findings on numerous prior strike convictions

within the meaning of section 1170.12, he was sentenced to 25 years to life.

Morgan petitioned for resentencing under section 1170.126. The court granted the

petition, recalled Morgan's sentence, and decided to resentence Morgan to the upper term

for his conviction, which it doubled under the three strikes law, for a total term of eight

years.