People v. Colbert CA2/3

Filed 4/6/21 P. v. Colbert CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306282

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA029185 v.

GEORGE KENNETH COLBERT,

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. _________________________

In 1996 a jury convicted defendant and appellant George Kenneth Colbert of possession of a completed check with intent to defraud in violation of then-applicable Penal Code section 475a.1 In a priors trial, the jury found true allegations that Colbert had suffered three prior strikes under the Three Strikes law. The trial court sentenced Colbert to 25 years to life in the state prison. In 2017, Colbert filed a petition for resentencing under the Safe Neighborhoods and Schools Act, commonly known as Proposition 47. (See § 1170.18, subds. (b), (g).) Colbert apparently already was represented by court-appointed counsel but filed the petition pro se. On May 9, 2017, the court filed a written order denying Colbert’s petition. The court noted Colbert was represented by counsel and, accordingly, was not permitted to file documents pro se. Second, the court stated, a conviction for violating section 475a is not one of the enumerated crimes subject to Proposition 47 relief under section 1170.18, subdivision (a). Colbert attempted to appeal from the May 9, 2017 order. After a considerable amount of procedural back-and-forth that we need not detail here, on June 29, 2020, we granted Colbert relief from default and permitted his notice of appeal, dated July 6, 2017, to be filed. The notice of appeal was filed on July 10, 2020.2