Opinion
E061600
11-04-2014
THE PEOPLE, Plaintiff and Respondent, v. REGINALD RENEE CUMMINGS, Defendant and Appellant.
Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. FSB024959) OPINION APPEAL from the Superior Court of San Bernardino County. Michael A. Smith, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Reginald Renee Cummings appeals after the trial court denied his petition for resentencing under Penal Code section 1170.126, known as the Three Strikes Reform Act of 2012 (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012)).1 Defendant filed notice of appeal on February 21, 2014.2 We affirm.
PROCEDURAL BACKGROUND
A jury convicted defendant of one count of inflicting corporal injury on a cohabitant. (§ 273.5, subd. (a), count 1). Following a bifurcated trial on defendant's priors, the trial court found that he had served two prior prison terms (§ 667.5, subd. (a)) and had two prior strike convictions (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i). The prior strike convictions were for robbery in Los Angeles and murder in Illinois. Defendant brought motions to reduce the charge on count 1 to a misdemeanor, pursuant to section 17, subdivision (b), and to strike a prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. On May 16, 2000, the court denied both motions. It then sentenced defendant to state prison for 25 years to life, plus one year on each of the prison priors, for a total of 27 years to life.
On March 29, 2013, defendant filed a petition for resentencing under section 1170.126. The court denied the petition since defendant had a prior strike conviction for the crime of murder in Illinois, which made him ineligible for resentencing. (§ 1170.126, subd. (e)(3); People v. Avery (2002) 27 Cal.4th 49, 53.)
On May 8, 2013, defendant filed a motion for consideration. The court denied the motion.
On February 21, 2014, defendant filed a notice of appeal. Defendant also filed a petition for writ of habeas corpus on July 1, 2014, to allow him to file a late notice of appeal and deem it constructively filed within the 60-day time period. On July 29, 2014, this court granted the petition and directed the superior court clerk to consider the notice of appeal received on February 21, 2014, to be timely filed. (In re Reginald Cummings, case No. E061431.)
ANALYSIS
This court appointed counsel to represent defendant on appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a brief statement of the facts, and identifying one potential arguable issue: whether the court properly determined that defendant's Illinois murder conviction rendered him ineligible for resentencing.
Defendant was offered an opportunity to file a personal supplemental brief, which he has not done. Under People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur:
RICHLI
J.
CODRINGTON
J.
All further statutory references will be to the Penal Code, unless otherwise noted.