People v. George CA4/1

Filed 9/7/22 P. v. George CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080044

Plaintiff and Respondent,

v. (Super. Ct. No. SCD275691)

MARVIN JAMES GEORGE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Timothy R. Walsh, Judge. Affirmed. Marvin J. George, in pro. per; and John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2018, Marvin James George pleaded guilty to two counts of driving under the influence of alcohol causing injury (Veh. Code, § 23153, subds. (a) and (b)) and one count of unlawful driving (Veh. Code, § 20001, subd. (a)).

George admitted a serious bodily injury enhancement (Pen. Code,1 § 12022.7, subd. (a)), a prison prior (§ 667.5, subd. (b)), a serious felony prior (§ 667, subd. (a)(1)) and two prior strike convictions (§ 667, subds.(b)-(i)). George was sentenced to an indeterminate term of 25 years to life plus a determinate term of 14 years in prison. In 2019, the case was remanded to the trial court to permit the court to consider whether to dismiss the serious felony prior. On remand, the court declined to strike the prior. George appealed and this court ordered the prison prior enhancement stricken and otherwise affirmed the judgment. (People v. George (Jan. 13, 2020, D076506) [nonpub. opn.].) George filed several habeas petitions, all of which were denied. He thereafter filed a petition to recall and resentence his three strikes sentence under section 1170.126. The trial court denied the petition, finding George’s third strike was a violent offense and he was thus ineligible for resentencing. George filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has been unable to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered George the opportunity to