People v. Sims CA5

Filed 9/28/22 P. v. Sims CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F084135 Plaintiff and Respondent, (Super. Ct. No. CF95534847) v.

CHARLES SIMS, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Jonathan B. Conklin, Judge. Michael Allen, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P. J., Smith, J. and Snauffer, J.

STATEMENT OF APPEALABILITY Charles Sims appeals from the trial court’s March 4, 2022, denial of his petition for resentencing pursuant to Penal Code1 section 1170.18. This was an order after judgment affecting his substantial rights, and his appeal is authorized by section 1237, subdivision (b). STATEMENT OF THE CASE On May 23, 1995, Sims was charged by information with commercial burglary (§ 459). The information also alleged four prior strikes: a 1975 robbery conviction (§ 211); a 1978 conviction for assault with intent to commit rape (§ 220); two 1983 convictions, one for robbery (§ 211) and one for sodomy by force (§ 286, subd. (c)); and four prior prison terms (§ 667.5, subd. (b).) On August 29, 1995, following a court trial, Sims was found guilty of the burglary and the court found “all the priors as alleged to be true.” On April 1, 1998, Sims was sentenced to a three-strike sentence of 25 years to life. The court added two years for two prior prison terms (§ 667.5, subd. (b)). On December 6, 2019, Sims filed a petition for resentencing pursuant to Proposition 47. On December 11, 2019, the trial court characterized Sims’s petition as pursuant to section 1170.18 and denied relief, stating that relief had previously been denied on May 21, 2018, because Sims was not eligible for relief. On February 23, 2022, Sims filed a second petition for resentencing, this time citing sections 1170.18 and 1170.03. On March 4, 2022, the trial court denied the petition. The reason for denying the petition was that relief had been denied on December 11, 2019, for the reason that Sims was not eligible for relief. On March 23, 2022, Sims filed a timely notice of appeal from the February 23, 2022, order denying his second petition for resentencing.