People v. Abdullah CA2/3

Filed 2/17/22 P. v. Abdullah CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B308415

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA039782) v.

HANIF SALADIN ABDULLAH,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

A jury convicted Hanif Saladin Abdullah of first degree burglary and the trial court sentenced him, in part under the “Three Strikes” law, to 35 years to life. Abdullah petitioned for resentencing under Penal Code1 section 1170.91, which allows certain veterans who were convicted of a felony to request resentencing if, as a result of their service, they suffer from substance abuse or other enumerated problems. The trial court denied the petition and Abdullah appealed. Because section 1170.91 does not permit resentencing where, as here, the petitioner was sentenced for an indeterminate term imposed under the Three Strikes law, we affirm. BACKGROUND A. Abdullah’s burglary conviction and original sentence In 1999, Abdullah entered a victim’s residence while the victim was home. Abdullah tried to steal a VCR, but the victim apprehended him. An information charged Abdullah with one count of first degree burglary. (§ 459.) It alleged that Abdullah suffered three prior serious felonies pursuant to the Three Strikes law (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)) and served multiple prior prison terms (§ 667.5). A jury found Abdullah guilty of first degree burglary and the three prior strike convictions were found true after a court trial. The trial court sentenced Abdullah to 25 years to life under the Three Strikes law. (§§ 667, subds. (b)–(i), 1170.12.) The trial court also imposed two five-year terms pursuant to section 667, subdivision (a)(1), for a total of 35 years to life.