People v. Matthews CA2/6

Filed 4/7/21 P. v. Matthews CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B307920 (Super. Ct. No. 2017020111) Plaintiff and Respondent, (Ventura County)

v.

CAM MATTHEWS,

Defendant and Appellant.

Cam Matthews appeals from the post-judgment order denying his petition for resentencing. We dismiss. Matthews pled guilty to two counts of residential burglary (counts 1 and 2; Pen. Code,1 §§ 459, 462, subd. (a)) and one count of evading an officer with willful and wanton disregard for the safety of persons or property (count 3; Veh. Code, § 2800.2, subd. (a)). He admitted a person other than an accomplice was

1 All subsequent undesignated statutory references are to the Penal Code.

present in the residence during the commission of count 1. (§ 667.5, subd. (c)(21).) He also admitted three prior “strikes” (§§ 667, subds. (c)(2) & (e)(2), 1170.12, subds. (a)(2) & (c)(2)), three prior serious felony convictions (§ 667, subd. (a)(1)) and one prior prison term (§ 667.5, subd. (b)). He signed a felony disposition statement in which he acknowledged that he could be sentenced to state prison for up to 65 years to life. The court committed to impose a sentence of 23 years in prison, consisting of eight years for counts 1, 2, and 3 with one “strike,” and 15 years for the three serious felony priors. Matthews waived his right to appeal. On August 30, 2018, the court honored its commitment and struck all but one prior “strike,” struck the prior prison term, and sentenced Matthews to prison for 23 years. In November 2019, Matthews filed a petition for writ of habeas corpus with this court. He alleged his counsel advised him that the judge had no choice but to impose the serious felony priors, and that the Governor later signed Senate Bill No. 1393 (2017-2018 Reg. Sess.) (“S.B. 1393”), which gave the court the discretion to strike priors. (Stats. 2018, ch. 1013, §§ 1, 2.) We denied the petition without prejudice to Matthews seeking relief in the trial court. (In re Cam Matthews (Nov. 13, 2019, B302058) [nonpub. order].) In 2020, Matthews filed in the trial court a “Petition for Resentencing 1170(d)(1) under New Laws, Amended Laws PC-SB 1393/620/180/667/1385 Any Other Which Relief May Be Sought.” The trial court summarily denied the petition. We appointed counsel to represent Matthews in this appeal. After examining the record, counsel filed an opening brief that raises no arguable issues. We advised Matthews that he had 30 days to personally submit any contentions or issues he