People v. Shorter CA2/2

Filed 8/1/23 P. v. Shorter CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B320016

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA054743) v.

ANTHONY SHORTER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Hector M. Guzman, Judge. Reversed and remanded with directions.

Carol J. Ojo, 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, Wyatt E. Bloomfield and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Defendant and appellant Anthony Shorter challenges the trial court’s order summarily denying the recommendation of the California Department of Corrections and Rehabilitation (CDCR) to recall his sentence. The People concede that the trial court erred and that the matter must be remanded for a new hearing pursuant to Penal Code section 1172.1.1 We agree with the parties and accordingly reverse and remand the trial court’s order with directions to appoint counsel for defendant and hold a noticed hearing. PROCEDURAL BACKGROUND Original conviction and first appeal In 2003, defendant was convicted of three counts of first degree burglary, three counts of receiving stolen property, and one count of theft. Three prior serious felony allegations and “strike” allegations were also found true. Defendant’s total sentence was 90 years to life. Defendant appealed the judgment, and we affirmed. (People v. Shorter (July 7, 2005, B174700) [nonpub. opn.].) First petition for recall and resentencing; appeal; remand On February 27, 2015, defendant filed a petition for recall and resentencing pursuant to section 1170.18, subdivisions (a) and (f). The trial court granted his petition in part; his total prison sentence remained 90 years to life. Defendant appealed, and we affirmed the judgment. (People v. Shorter (Mar. 8, 2016, B263972) [nonpub. opn.], at p. 2.) Defendant filed a petition for review (S233177), which the Supreme Court granted, and the matter was transferred back to the Court of Appeal. On September 27, 2017, we remanded defendant’s case to the trial court. (People v. Shorter (Aug. 25,