People v. Roberts CA2/7

Filed 5/19/16 P. v. Roberts CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B266152

Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. BA389938)

WILLIAM SCOTT ROBERTS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stan Blumenfeld, Judge. Dismissed.

Pamela J. Voich, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

______________________

William Scott Roberts purports to appeal from postjudgment orders directing that the superior court clerk resend him notice of an earlier superior court order and denying his petition for writ of habeas corpus. Because these orders are not appealable, we dismiss the appeal. PROCEDURAL BACKGROUND

In March 2012 a jury convicted Roberts of one count of dissuading a witness from reporting a crime (Pen. Code,1 § 136.1, subd. (b)(1)) and eight counts of dissuading a witness from testifying at trial (§ 136.1, subd. (a)(1)). The trial court found Roberts had three prior serious or violent felony convictions within the meaning of the three strikes law (§§ 667, subds. (b)-(i); 1170.12) and had served five separate prison terms for felonies (§ 667.5, subd. (b)). After dismissing two of the prior strike convictions (see § 1385, People v. Superior Court (Romero) (1996) 13 Cal.4th 497), the court sentenced Roberts to an aggregate state prison term of 13 years. In April 2015 Roberts filed in the superior court a document that consisted of a petition for “Judicial Notice [of an] Illegal Sentence 136.1” and a petition for “Intervention Correctional Case Records,” which was drafted on a form for a petition for writ of habeas corpus. On May 1, 2015 the trial court construed the filing as a petition for writ of habeas corpus and, in a written decision, summarily denied it. The court directed the clerk to give notice. On July 21, 2015 the court received from Roberts a document entitled “Motion for Judgment” dated July 2, 2015, in which he sought a ruling on his prior petitions. The court directed the clerk to serve Roberts with another copy of the May 1, 2015 order denying the petitions. On August 7, 2015 Roberts filed a notice of appeal from the July 21, 2015 order and what appears to be the May 1, 2015 order.