People v. Roundtree CA6

Filed 3/26/24 P. v. Roundtree CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051254 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. 210300)

v.

RICHARD ALLEN ROUNDTREE,

Defendant and Appellant.

THE COURT1 Richard Allen Roundtree appeals from an order denying his petition for resentencing under Penal Code section 1172.75, which declares invalid certain sentence enhancements.2 Counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Roundtree subsequently filed a supplemental brief on his own behalf. This court requested additional supplemental briefing. Having considered all the supplemental briefs, and for the reasons set forth below, we affirm the order.

Before Greenwood, P. J., Bamattre-Manoukian, J., and Adams, J. (Judge of the 1

Santa Clara County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution). 2 All statutory references are to the Penal Code, unless otherwise stated.

I. FACTUAL AND PROCEDURAL BACKGROUND3 In 1999, Roundtree pleaded no contest to seven counts of second degree robbery (§§ 211, 212.5, subd. (c)), eight counts of false imprisonment (§§ 236, 237), and one count of threatening to commit a crime resulting in death or great bodily injury (§ 422). Roundtree admitted allegations that he was armed with or personally used a firearm during the commission of all of the counts except for one, which allegation was dismissed (§§ 12022, subd. (a)(1), 12022.5, subd. (a)(1), 1203.06, 12022.53, subd. (b)). He also admitted that he had suffered a prior serious felony conviction for forcible oral copulation (§§ 667, subd. (a), 1192.7), that he had served a prior prison term for forcible oral copulation in violation of section 288a, subdivision (d) (§ 667.5, subd. (b)), and that he had two prior convictions which qualified as strikes (§§ 667, subd. (b)-(i); 1170.12). At the sentencing hearing, the trial court sentenced Roundtree to a total term of 50 years to life in prison. The abstract of judgment indicates that the court stayed the one- year prior prison term enhancement. This court affirmed the judgment following review pursuant to People v. Wende (1979) 25 Cal.3d 436. (People v. Roundtree (Dec. 29, 2000, H020267) [nonpub. opn.].) In 2014, Roundtree filed a petition to recall his sentence under the Three Strikes Law Reform Act and section 1170.126. The trial court denied his petition, finding that he was ineligible for resentencing because of his offenses for robbery and false imprisonment as well as his past strike offenses for “sexually violent offenses.” This court dismissed Roundtree’s subsequent appeal from that order, finding that he did not raise an arguable issue on appeal. (People v. Roundtree (Dec. 11, 2014, H040748) [nonpub. opn.].) In May 2023, Roundtree filed a motion for resentencing pursuant to section 1172.75, which makes invalid certain sentence enhancements imposed prior to January 1,