People v. Craft CA3

Filed 6/30/21 P. v. Craft CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C091752

Plaintiff and Respondent, (Super. Ct. No. STKCRFE20030008619) v.

JOHN HENRY CRAFT,

Defendant and Appellant.

This appeal arises from the trial court’s denial of defendant John Henry Craft’s request to recall his sentence and resentence him pursuant to Penal Code1 section 1170, subdivision (d). Appointed counsel for defendant filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant

1 Undesignated statutory references are to the Penal Code.

1

subsequently filed a supplemental brief contending the court erred in failing to conduct an evidentiary hearing and make certain findings before denying the petition. After reviewing the entire record, we affirm the order. FACTUAL AND PROCEDURAL BACKGROUND On July 31, 2003, defendant assaulted a 74-year-old man in a bathroom, hit him twice, grabbed him by the mouth to prevent him from screaming, took his gold watch off of his wrist, and also took over $250 out of his wallet. On October 24, 2003, defendant was charged with second degree robbery, a felony and elder abuse, a felony. It was alleged as to the robbery that defendant inflicted great bodily injury upon a person who was 60 years of age or older. It was further alleged that defendant had previously been convicted of six prior serious or violent felonies (strikes), that he had been convicted of two prior serious felonies and that he had served two prior prison terms. On December 19, 2003, following a jury trial in this matter, the jury returned guilty verdicts for both counts. The court denied defendant’s motion for new trial. The court also denied defendant’s request to dismiss his prior strike allegations. Defendant was then sentenced to 25 years to life as to both counts with the sentence for elder abuse stayed pursuant to section 654. The trial court also sentenced defendant to an additional 10 years for his two prior serious felony enhancements. On January 24, 2020, the Department of Corrections and Rehabilitation (Department) sent a letter to the trial court recommending that it exercise its authority pursuant to section 1170, subdivision (d), resentence defendant, and strike one or both of the five-year enhancements pursuant to section 667, subdivision (a). In support of that letter, defense counsel filed a bench memorandum on the Department’s request for potential resentencing. At a hearing held March 16, 2020, defense counsel submitted on the points and authorities of the bench memorandum. The trial court declined to exercise its discretion to recall defendant’s sentence.