People v. Barno CA4/1

Filed 6/17/16 P. v. Barno CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068807

Plaintiff and Respondent,

v. (Super. Ct. No. SCD177819)

RODNEY BERNARD BARNO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Nancy Olsen, 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, Scott C. Taylor and Warren W.

Williams, Deputy Attorneys General, for Plaintiff and Respondent.

This appeal arises from a petition to recall a sentence under the Three Strikes

Reform Act of 2012 (Proposition 36). The appellant was originally convicted of a

number of offenses with true findings on three strike priors. The original sentence was

50 years to life, with a number of stayed and concurrent sentences. After filing a petition

under Proposition 36 (Pen. Code,1 § 1170.126), the court restructured the sentence since