People v. Lake CA4/3

Filed 8/24/16 P. v. Lake CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G052372

v. (Super. Ct. No. 07NF3638)

JOHN LAKE, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Kazuharu Makino, Judge. (Retired judge of the Orange Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Susan K. Shaler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

An information charged John Lake with 10 counts of residential burglary (counts 1-10), two counts of vehicle theft (counts 11-12), one count of receiving stolen property (count 13), and two counts of unauthorized use of an automated teller machine (ATM) access card (counts 14-15). In addition, the information alleged Lake had sustained five prior felony convictions or “strikes,” under the “Three Strikes” law, two prior serious felony convictions pursuant to Penal Code section 667, subdivision (a)(1),1 and had served one prior prison term (§ 667.5, subd. (b)). Lake, acting as his own attorney, successfully moved to dismiss counts 1, 2 and 4 at the conclusion of the prosecution’s case-in-chief. The jury found him not guilty of count 8, but guilty of counts 3, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. The jury also found true allegations he had suffered three prior strikes and one prior serious felony conviction. The court dismissed the prior prison term allegation on motion of the district attorney and sentenced Lake to consecutive terms of 25 years to life on all counts except count 13 (which the court stayed pursuant to section 654) and added 10 years for each of the prior serious felony convictions to each count for a total term of 350 years to life. On June 15, 2015, the Riverside County Public Defender’s office sought to have three of Lake’s felonies reduced to misdemeanors pursuant to the passage of Proposition 47 and the enactment of Penal Code provisions enacting it into law. Lake moved to represent himself in this motion and his request was granted. He immediately filed several motions alleging civil rights violations and violations of the Americans with Disabilities Act (ADA); he also asked for an investigator. The court granted his motion to reduce the three challenged felonies to misdemeanors. It struck the felony provisions of his sentence for those three crimes,