People v. Alexander CA2/3

Filed 7/19/22 P. v. Alexander 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, B317136

Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA069032 v.

STEVEN EUGENE ALEXANDER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Terrell, Judge. Reversed and remanded with directions. Richard B. Lennon, 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, Chung L. Mar and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent. _______________________________________

INTRODUCTION Petitioner Steven Eugene Alexander appeals from the trial court’s order denying his resentencing petition under Penal Code 1 section 1170.18. The parties agree, and so do we, that the court erred when it found Alexander is ineligible for relief because he suffered a prior disqualifying conviction. We therefore reverse the order denying Alexander’s petition and remand the matter for further proceedings under section 1170.18.

BACKGROUND2 In 2010, Alexander and an acquaintance entered a convenience store and used a stolen credit card to purchase items. In 2012, a jury convicted Alexander of two counts of first degree burglary with a person present (§§ 459, 667.5, subd. (c)(21); counts 1 & 2), battery with injury on a peace officer (§ 243, subd. (c)(2); count 3), three counts of resisting an executive officer (§ 69; counts 4–6), and second degree burglary (§ 459; count 7). Alexander admitted allegations that he suffered a prior felony conviction (§ 667, subd. (d)) and served four prior prison terms (§ 667.5, subd. (b)). The court sentenced Alexander to 25 years and 4 months in prison. This division affirmed Alexander’s judgment in 2014. In June 2021, Alexander, in pro per, submitted a resentencing petition under section 1170.18, asking the court to