People v. Morgans CA4/1

Filed 10/25/23 P. v. Morgans CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082100

Plaintiff and Respondent,

v. (Super. Ct. No. SCD132068)

KENNETH MORGANS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Affirmed. Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 1999, Kenneth Morgans was sentenced to 25 years to life in prison following his conviction for sale of a controlled substance (Health and Saf. Code, § 11352, subd. (a)) with two true findings for strike priors (Pen. Code, § 667, subds. (b)-(i)).

Morgans appealed and this court affirmed the conviction but ordered the trial court to strike the stayed prison priors (§ 667.5, subd. (b)). (People v. Morgans (Mar. 10, 2000, D032805).) In 2023, Morgans filed a petition for resentencing under sections 1172.7 and 1172.75. The trial court summarily denied the petition without appointing counsel. The court found Morgans was not eligible for resentencing on this record. The court’s written order stated: “On March 27, 2023, Defendant filed a petition for resentencing pursuant to Penal Code [sections] 1172.7/1172.75 (Senate Bill 483). It appears defendant does not qualify for relief under Senate Bill 483, as the sentence in the . . . case[ ] is not currently enhanced by an eligible prison prior pursuant to Penal Code [section] 667.5(b) or an eligible prior drug conviction pursuant to Health & Safety Code [section] 11370.2 and is summarily denied. . . .