People v. Butler CA2/4

Filed 9/25/20 P. v. Butler CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B303945

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA090523) v.

L.C. LEWIS BUTLER,

Defendant and Appellant.

APPEAL from an order of the Superior Court for Los Angeles County, Teri Schwartz, Judge. Affirmed. Law Offices of John F. Schuck and John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant L.C. Lewis Butler appeals from an order granting his motion to recalculate his custody credits and correcting the abstract of judgment. His appointed counsel filed a brief under People v. Wende (1979) 25 Cal.3d 436; defendant subsequently filed a supplemental brief that raised issues that are not cognizable in this appeal. We have reviewed the record of the proceedings at issue and affirm the judgment.

BACKGROUND This is the fourth appeal in this case. We need not set out in detail the entire history of the case for purposes of this appeal. Suffice to say that defendant was convicted on one count of first degree burglary (Pen. Code,1 § 459) and one count of evading an officer (Veh. Code, § 2800.2, subd. (a)), and was sentenced to a total of 35 years to life in state prison: 25 years to life on the burglary count under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), plus 10 years for two five-year priors (§ 667, subd. (a)(1)). (People v. Butler (June 30, 2020, B299402) [unpub. opn.] (Butler III), at p. 2.) We affirmed the conviction in defendant’s first appeal, but remanded for further proceedings on the prior conviction allegations. (People v. Butler (Sept. 1, 2016, B262334) [unpub. opn.] (Butler I).) Defendant filed his second appeal at the conclusion of those proceedings. We rejected his challenges in that appeal, but remanded to allow the trial court to exercise its discretion whether to strike the