People v. Strain CA2/1

Filed 10/28/22 P. v. Strain CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B319679, B319695

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. TA007742, v. TA049080)

MAURICE STRAIN,

Defendant and Appellant.

APPEALS from orders of the Superior Court of Los Angeles County, Tammy Chung Ryu and Pat Connolly, Judges. Dismissed. Stanley Dale Radtke, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Defendant Maurice Strain filed two appeals from orders denying his requests for postconviction relief under Proposition 47 and Penal Code1 section 1170.18. His appointed appellate counsel filed a brief pursuant to People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano) identifying no arguable issues, and defendant filed no supplemental brief. We dismiss the appeals.

BACKGROUND

1. Case No. TA007742 On August 30, 1990, defendant was convicted in case No. TA007742 of second degree robbery (§ 211). He was sentenced to four years in prison. In 2021, defendant applied under section 1170.18 to have his conviction redesignated as a misdemeanor. The trial court denied the application, finding section 1170.18 did not apply to the crime for which defendant was convicted. The trial court subsequently denied defendant’s two motions for reconsideration, again finding section 1170.18 did not apply to his robbery conviction.