People v. Schuyler CA3

Filed 6/15/23 P. v. Schuyler CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE,

Plaintiff and Respondent, C097073

v. (Super. Ct. No. 08F1575)

EDDIE LEON SCHUYLER,

Defendant and Appellant.

Defendant Eddie Leon Schuyler pleaded guilty to burglary and admitted two prior strike convictions and three prior prison terms. The trial court sentenced him to 36 years to life in prison. In June 2022, the Secretary of the Department of Corrections and Rehabilitation (the Secretary) recommended that the trial court recall defendant’s sentence and resentence him under Penal Code section 1172.1.1 Following a hearing, the trial court struck a one-year prior prison term enhancement but declined to strike other enhancements as recommended by the Secretary.

1 Undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.03 was renumbered section 1172.1, with no substantive changes in text. (Stats. 2022, ch. 58, § 9.) We will refer to section 1172.1 when addressing the statute governing the petition for resentencing.

1

Defendant now argues the trial court abused its discretion in declining to follow the Secretary’s recommendation. Because defendant forfeited his contention by failing to object in the trial court, we will affirm the judgment. BACKGROUND We grant the People’s request for judicial notice of the prior records from this court in People v. Schuyler, case No. C062510. (Evid. Code, §§ 452, 453.) Some of the following background is taken from the probation report attached to the Secretary’s recommendation. The probation report summarizes a police report that served as the stipulated factual basis for the plea. In February 2008, defendant broke into the home of his neighbor Kathleen C. He took Kathleen’s underwear and some duct tape into her bedroom closet and sat there until she returned home. When Kathleen found defendant in her closet, he blocked her from leaving the room, saying he was infatuated with her. She repeatedly asked him to leave. Defendant left after about 15 minutes and Kathleen called the police. Kathleen found rope under her bed and a syringe in her closet. Defendant told officers he had gone to Kathleen’s home because he had been out of prison for approximately eight months and had not yet been with a woman. He said he grabbed the duct tape to keep her from screaming. Defendant later claimed he had no memory of what happened because he had been using drugs and alcohol. An information charged defendant with first degree residential burglary (§ 459) and attempted forcible rape (§§ 261, subd. (a), 664). The information alleged two prior strike convictions, two prior serious felony convictions (§§ 667, subd. (a), 1170.12), and three prior prison term enhancements (§ 667.5, subd. (b)). Defendant pleaded guilty to the burglary and admitted two prior strike convictions and three prior prison terms. The trial court dismissed the remaining charges and sentenced defendant to 36 years to life in prison.