People v. Lopez CA2/3

Filed 5/19/16 P. v. Lopez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B266723

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA072509) v.

CARLOS FRANCISCO LOPEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teri Schwartz, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _____________________

Defendant and appellant Carlos Francisco Lopez appeals the trial court’s order denying his motion to recall his sentence and resentence him pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18, subd. (a)).1 We affirm. PROCEDURAL BACKGROUND In case No. GA072509, Lopez pleaded no contest to unlawful sexual intercourse with a minor more than three years younger than himself (§ 261.5, subd. (c)) and first degree burglary (§ 459), pursuant to a negotiated disposition. The trial court imposed a four-year suspended sentence and placed Lopez on five years formal probation, on the condition, inter alia, he serve one year in jail. In February 2012 the trial court ordered probation revoked in case No. GA072509 after Lopez admitted violating probation. It sentenced Lopez to six years in a separate case, FVA1100951, for attempted lewd act upon a child (§§ 664, 288, subd. (a)), imposed a subordinate term of one year four months on the burglary charge in case No. GA072509, and ordered sentence on the section 261.5, subdivision (c) offense stayed pursuant to section 654. In August 2015, Lopez, acting in propria persona, filed a petition for recall of sentence and resentencing on the burglary conviction pursuant to Proposition 47, section 1170.18, subdivision (a). On August 11, 2015, the trial court denied the petition on the ground the burglary offense was not eligible for resentencing under the statute. Lopez filed a timely notice of appeal.