Opinion
2d Crim. No. B305300
07-30-2020
THE PEOPLE, Plaintiff and Respondent, v. ERNEST MICHAEL HAYWOOD, Defendant and Appellant.
Richard B. Lennon, Executive Director, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. MA070741)
(Los Angeles County)
Ernest Michael Haywood appeals a February 18, 2020 postjudgment order reducing his 40-year-to-life state prison sentence to 25 years to life after we affirmed the judgment of conviction in an unpublished opinion. (People v. Haywood (Oct. 15, 2019, B291140).) Appellant was convicted by jury of attempting to dissuade a witness (Pen. Code, § 136.1, subd. (a)(2)) with three prior strike enhancements (§§ 667, subds. (b)- (i), 1170.12) and three prior serious felony conviction enhancements (§ 667, subd. (a)(1)). We remanded the matter to the trial court to exercise its discretion on whether the prior serious felony conviction enhancements (§ 667, subd. (a)(1)) should be stricken in the interest of justice (§ 1385).
All statutory references are to the Penal Code unless otherwise stated. --------
On remand, the trial court exercised its discretion and struck the three, five-year section 667, subdivision (a) enhancements. The trial court denied appellant's request to treat the prior strike convictions as non-strike offenses on the ground that appellant had a lengthy and serious criminal history that included prior convictions for murder, robbery, armed robbery, and marijuana smuggling. The trial court sentenced appellant to 25 years to life state prison as a Three Strikes offender, reduced the $2,000 restitution fine (§ 1202.4, subd. (b)) and $2,000 parole revocation fine (§ 1202.45) to $300 fines, and ordered appellant to pay the reduced fines, plus a $40 court security fee (§ 1465.8) and $30 criminal conviction assessment (Gov. Code, § 70373) previously imposed. It found that appellant had the financial ability to pay the fines, fees, assessments, and victim restitution.
We appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief requesting the court to make an independent review under People v. Wende (1979) 25 Cal.3d 436. On July 7, 2020, we sent a letter advising appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider.
On July 27, 2020, appellant filed a supplemental letter stating, among other things, that the underlying conviction for dissuading a witness should have been treated as a misdemeanor wobbler. (§ 17, subd. (b)(3).) The trial evidence shows that appellant twice set fire to the victim's tent (a homeless woman), and called the victim more than 140 times from jail in violation of a no contact order. Appellant told the victim not to testify against him and to "tell them I didn't do it." Appellant also called his mother and a friend, and asked them to tell the victim not to testify at trial.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment (imposition of 25-year-to-life state prison sentence) is affirmed.
NOT TO BE PUBLISHED.
YEGAN, J. We concur:
GILBERT, P. J.
PERREN, J.
Shannon Knight, Judge
Superior Court County of Los Angeles
Richard B. Lennon, Executive Director, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Respondent.