People v. Green CA2/7

Filed 9/15/16 P. v. Green CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B267736

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA031149) v.

CLAUDELL GREEN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael A. Cowell, Judge. Affirmed. Thien Huong Tran, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND In 1995, defendant Claudell Green and at least one accomplice robbed two banks. After leaving the scene of the second robbery, Green carjacked a vehicle. A jury subsequently convicted Green of three counts of second degree robbery (Pen. Code, § 211; counts 1, 2, and 5), two counts of possession of an assault weapon (id., § 12280, subd. (b); counts 3 and 7),1 and one count of carjacking (id., § 215, subd. (a); count 6). The jury found true as to counts 1, 2, and 6 that Green personally used a firearm and, as to count 5, that a principal was armed with a firearm.2 The trial court found Green had two prior serious felony convictions, requiring sentencing under Penal Code section 667, subdivision (a)(1), and the Three Strikes law (id., §§ 667, subds. (b)-(i), 1170.12). Thereafter, through a series of five appeals, we repeatedly remanded this matter to the trial court for Marsden3 hearings and for resentencing. (People v. Green (Feb. 17, 2004, B167175) [nonpub. opn.].) As a result of our most recent remand, on April 22, 2004, the trial court sentenced Green to an aggregate term of 94 years to life as a third strike offender on three counts of robbery, one count of carjacking and related firearm- use enhancements. On September 29, 2015, Green filed a motion to dismiss his 1982 prior strike convictions for two counts of robbery in Los Angeles Superior Court case No. A455280.4 Green claimed the trial court’s use of the prior convictions to enhance his sentence under