People v. Hill CA2/3

Filed 11/25/20 P. v. Hill CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B305205

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA047334 v.

RODRICK ONEA HILL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David C. Brougham, Judge. Dismissed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

On January 31, 1991, defendant and appellant Rodrick Onea Hill pleaded guilty to attempted murder in Case No. KA006366. As part of the plea deal, the prosecution struck the allegation that Hill had committed the attempted murder willfully, deliberately, and with premeditation. Hill admitted he had used a firearm in the commission of the crime and had inflicted great bodily injury on the victim. The court sentenced Hill to 16 years in the state prison, consisting of the upper term of nine years, plus the midterm of four years for the firearm use, plus three years for the infliction of great bodily injury. On the same date, the court sentenced Hill in Case No. A891681. Hill had pleaded guilty to second degree robbery in that case in April 1989 and the case was pending sentencing. The court imposed the low term of two years, to be served concurrently with his attempted murder case as well as a third case, Case No. A892293.1 In 2000, the People charged Hill with a violation of Health and Safety Code section 11350, subdivision (a), possession of a controlled substance. The People alleged Hill had two prior strikes—the attempted murder and the robbery—as well as one prison prior (the Health and Safety Code section 11352 case). In May 2000 a jury convicted Hill of the charge. At the conclusion of a bench trial on Hill’s priors, the court found the strike and prison priors true. The court sentenced Hill to a