People v. Rush CA4/2

Filed 4/12/16 P. v. Rush CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E063784

v. (Super.Ct.No. SWF1102460)

ROBERT PATRICK RUSH, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.

Reversed with directions.

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina, Annie Fraser,

and Alastair J. Agcaoili, Deputy Attorneys General, for Plaintiff and Respondent.

1

After pleading guilty to 14 crimes, defendant and appellant Robert Patrick Rush

filed a petition for resentencing under Proposition 47, The Safe Neighborhoods and

Schools Act (Proposition 47). Although the petition sought resentencing only on a count

of methamphetamine possession (Health & Saf. Code, § 11377, subd. (a)), the trial court