Opinion
B256661
11-13-2014
THE PEOPLE, Plaintiff and Respondent, v. STEPHEN ROY WILLIAMSON, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. NA049667) THE COURT:
BOREN, P.J., ASHMANN-GERST, J., CHAVEZ, J.
Defendant Stephen Roy Williamson appeals from the order denying with prejudice his petition for recall of sentence pursuant to Penal Code section 1170.126. Defendant is currently serving a sentence of 25 years to life, imposed in 2001.
All further references to statutes are to the Penal Code unless stated otherwise.
We appointed counsel to represent defendant on this appeal. After examination of the record, counsel filed an "Opening Brief" containing an acknowledgment he had been unable to find any arguable issues. On August 12, 2014, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider. On August 19, 2014, defendant filed a supplemental brief. He contends that the arson of property of which he was convicted cannot rationally be listed as a serious felony. Defendant argues that his crime should not be included with all of the much more violent crimes.
Defendant includes the sentencing memorandum and Romero motion from the sentencing hearing in 2001 as Exhibit B to his petition. The memorandum indicates that defendant set fire to a washing machine. The record contains no information on the trial court's ruling denying the Romero motion.
People v. Superior Court (Romero) (1996) 13 Ca.4th 497 (Romero).
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Section 1170.126 provides that defendants may file a petition for recall of sentence only when the felony that triggered their three strikes sentence (the current felony) was not defined as a violent or serious felony in section 667.5, subdivision (c) or section 1192.7, subdivision (c), respectively. (§ 1170.126, subd. (b).) Defendant committed and was convicted of arson of property in violation of section 451, subdivision (d) in 2001. This crime is included in the list of serious felonies contained in section 1192.7, subdivision (c) (§ 1192.7, subd. (c)(14)) and was included on the date defendant committed the offense. (Prop. 21, § 17, eff. Mar. 8, 2000.) Therefore, the trial court correctly ruled that defendant was not eligible under section 1170.126, subdivision (e) for recall of sentence because the offense that triggered his three strikes sentence was a serious felony.
We have examined the entire record, and we are satisfied that defendant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The order appealed from is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.