People v. Eppes CA3

Filed 5/18/16 P. v. Eppes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C079595

Plaintiff and Respondent, (Super. Ct. No. CM037133)

v.

GEOFFREY DEXTER EPPES,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the trial court’s order denying defendant’s petition for resentencing pursuant to Proposition 47. (See Pen. Code, § 1170.18.)1

1 Undesignated statutory references are to the Penal Code in effect at the time of the charged offenses.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND On the morning of August 26, 2012, defendant pounded on the victims’ front door, then kicked the door open. Defendant said he was looking for someone who owed him money. The victims told defendant the person had moved, but defendant, who appeared agitated and aggressive, yelled at them and demanded money from them. After a few minutes, he said he believed they did not know the person he was looking for, apologized for kicking the door in, and left in a black Chevrolet Malibu. While the victims were speaking to a police officer, another officer noticed a black Chevrolet Malibu near the victims’ apartment, parked in the middle of the street and blocking the roadway. The officer contacted defendant as he was walking quickly toward the car. Defendant’s pupils were dilated, his speech was rapid, he appeared short of breath, and his breath and person emanated a strong odor of alcohol. After the officers detained defendant, the victims identified him. At the police station, the officers pat searched defendant and found a bag in his pocket containing cocaine. At his residence, the officers found numerous controlled substances and a short-barreled shotgun. Defendant pleaded no contest to first degree burglary (§ 459), possession of cocaine base for sale (Health & Saf. Code, § 11351.5), and felon in possession of a firearm (§ 29800, subd. (a)(1)). He was sentenced to a six-year state prison term. We affirmed his conviction in a nonpublished opinion. (People v. Eppes (May 19, 2014, C074244).) Defendant subsequently filed a section 1170.18 petition for resentencing. The trial court denied the petition because defendant’s convictions were ineligible for resentencing.