People v. Nichols CA2/7

Filed 8/25/23 P. v. Nichols CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B326893

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA007472) v.

JOSEPH NICHOLS, III,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, David Walgren, Judge. Affirmed. Joseph Nichols, in pro. per., for Defendant and Appellant. Richard B. Lennon, under appointment by the Court of Appeal, for Plaintiff and Respondent. ______________________

Joseph Nichols, III, appeals the superior court’s order granting in part and denying in part his petition for resentencing pursuant to Penal Code section 1172.75 (former section 1171.1).1 No arguable issues have been identified following review of the record by Nichols’s appointed appellate counsel. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Nichols in his supplemental brief. We affirm. PROCEDURAL BACKGROUND A jury in 1993 convicted Nichols of kidnapping to commit robbery (§ 209, subd. (b)), robbery (§ 211), dissuading a witness by force or violence (§ 136.1, subd. (c)(1)) and evading a police officer (Veh. Code, § 2800.2) and found true firearm-use enhancement allegations (§ 12022.5, subd. (a)). Nichols admitted suffering a prior serious felony conviction within the meaning of sections 667, subdivision (a), and having served a prior prison term within the meaning of section 667.5, subdivision (b). Nichols was originally sentenced to an aggregate determinate state prison term of 18 years eight months with a consecutive indeterminate term of life: A life term for aggravated kidnapping plus the middle term of four years for the firearm-use enhancement; a consecutive upper term of four years for dissuading a witness by force or violence plus four years for the firearm-use enhancement; and a consecutive term of eight months (one-third the middle term of two years) for evading a police officer; plus five years for the prior serious felony conviction and one year for the prior prison term enhancement. The court imposed and stayed pursuant to section 654 the upper