People v. Bloodsaw CA2/1

Filed 6/7/16 P. v. Bloodsaw CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B268499

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA034522) v.

JAMES RODNEY BLOODSAW,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Jonathan B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

James Rodney Bloodsaw (Bloodsaw) is an inmate serving a 25 years to life sentence as a third strike offender under the pre-Proposition 36 version of California’s “Three Strikes” law. Pursuant to Proposition 36, Bloodsaw petitioned for resentencing as a second strike offender and subsequently appealed the trial court’s denial of his petition. This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record, we affirm the judgment because Bloodsaw’s prior conviction for a sexually violent crime is a disqualifying offense precluding him from being sentenced to any sentence other than a third-strike prison term. We provide the following brief summation of the factual and procedural history of the case. (People v. Kelly (2006) 40 Cal.4th 106, 110, 124 (Kelly).) Bloodsaw suffered the following two convictions before the commission of the offense in the current case: In May 4, 1983, in case No. A904276, a trial court convicted Bloodsaw of residential burglary in violation of Penal Code section 459.1 On November 16, 1989, in case No. A963657, a trial court convicted Bloodsaw of forcible rape while acting in concert in violation of section 264.1. The underlying convictions in the current case (No. KA034522) arose from an event that occurred on or about December 16, 1996, wherein Bloodsaw attempted to cash multiple counterfeit traveler’s checks at a bank located in Pomona. On June 5, 1997, the People filed a second amended information (the information) charging Bloodsaw with forgery of a fictitious check in violation of section 470, subdivision (a) (count 1), attempted grand theft of personal property in violation of sections 664 and 487 (count 2), second degree commercial burglary in violation of section 459 (count 3), possession of a blank bill and note in violation of section 475 (count 4), and resisting, obstructing, and delaying a peace officer in violation of section 148, subdivision (a) (count 5). The information alleged that, as to counts 1 through 4, Bloodsaw suffered two prior strike offenses pursuant to the Three Strikes law, sections 1170.12, subdivisions (a)-