People v. Pickering CA2/7

Filed 8/18/20 P. v. Pickering CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B301906

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA028284) v.

WAYNE PICKERING,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Wayne Pickering petitioned for recall of his sentence and for resentencing under the Three Strikes Reform Act of 2012 (Proposition 36) (Pen. Code, § 1170.126).1 The superior court denied the petition, ruling Pickering’s convictions did not qualify for resentencing. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Pickering of Robbery In September 1998 a jury convicted Wayne Pickering on three counts of second degree robbery (§ 211). In a bifurcated proceeding, Pickering admitted he had three prior convictions for felonies that were serious or violent felonies within the meaning of the three strikes law (§§ 667, subds. (b)-(j), 1170.12). The trial court sentenced Pickering to three consecutive prison terms of 25 years to life.

B. Pickering Petitions To Recall His Sentence and for Resentencing In November 2014 Pickering, representing himself, petitioned for recall of his sentence and for resentencing under Proposition 36, which amended the three strikes law to provide, in general, that a defendant is not subject to an indeterminate life term for a third felony that is neither serious nor violent unless the offense satisfies other criteria identified in the statute. The amendments also allowed eligible defendants previously sentenced to indeterminate terms under the three strikes law to