People v. Sheppard CA2/4

Filed 9/28/16 P. v. Sheppard CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B269850

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA036266) v.

LONNIE CHARLES SHEPPARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Carol J. Naj, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Lonnie Charles Sheppard appeals from the order denying his petition to recall his sentence and for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18).1 In 1997, appellant was convicted of felony hit and run (Veh. Code, § 20001, subd. (a) (count 1)) and felony child endangerment (Pen. Code, § 273a, subd. (a) (count 2)). The trial court treated his four prior strike convictions as one strike, and imposed a second-strike sentence on May 23, 1997.2 On August 18, 2015, appellant petitioned to have his sentence recalled and for resentencing under Proposition 47. The trial court denied the petition, finding that the convictions did not qualify for resentencing under Proposition 47. Appellant filed a notice of appeal from the August 18, 2015 order denying his petition. We appointed counsel to represent him. After reviewing the record, counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441. On April 18, 2016, we directed counsel to send the record on this appeal and a copy of the opening brief to appellant. On that date, we also notified appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response from him.