People v. Renteria CA2/4

Filed 8/19/20 P. v. Renteria CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B301545 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. KA038347)

v.

RONALD DAVE RENTERIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Theodore D. Piatt, Judge. Affirmed. Ronald Dave Renteria, in pro. per.; Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

Appellant Ronald Dave Renteria petitioned for sentencing relief under Proposition 36 (the Three Strikes Reform Act of 2012). After the trial court denied his petition, appellant moved for reconsideration, which the court also denied. Appellant then appealed the denial of his motion for reconsideration. Appellant’s court-appointed counsel has filed an opening brief raising no issues, and appellant has submitted a supplemental brief. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist. Accordingly, we affirm.

BACKGROUND In 1998, appellant was convicted of carjacking (Pen. Code § 215, subd. (a))1 and escape from custody (§ 4532, subd. (b)(1)), and he was sentenced to a total term of 69 years to life under the “Three Strikes” law (§§ 667, subd. (e)(2), 1170.12, subd. (c)(2)). In 2013, appellant filed in propria persona a petition for relief under Proposition 36, which “authorizes prisoners serving third[-]strike sentences whose ‘current’ offense (i.e., the offense for which the third[-]strike sentence was imposed) is not a serious or violent felony to petition for recall of the sentence and for resentencing as a second-strike case. (See § 1170.126, subd.