Filed 7/27/15 P. v. Patterson CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

RONALD EVERRETT PATTERSON,

Defendant and Appellant.

 B261564

 (Los Angeles County

 Super. Ct. No. BA156695)

APPEAL from an order of the Superior Court of Los Angeles County, William C. 

Ryan, Judge. Affirmed.

Ronald Everrett Patterson, in pro. per.; and Richard B. Lennon, under appointment 

by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________
2

In 1998, a jury convicted Ronald Everrett Patterson of possession of a firearm by a 

felon (Pen. Code, former § 12021, subd. (a)). In a bifurcated trial, the court found true 

the special allegations that Patterson had suffered serious or violent felony convictions 

for robbery in 1984 and for burglary, robbery and attempted murder in 1989 within the 

meaning of the three strikes law (id., §§ 667, subds. (b)-(i), 1170.12). The trial court 

sentenced Patterson to an indeterminate state prison term of 25 years to life.

On September 30, 2014, the trial court denied with prejudice Patterson’s petition 

for recall of sentence pursuant to Penal Code section 1170.126 on the ground Patterson 

was ineligible for resentencing because one of his prior convictions was for attempted 

murder. (Id., §§ 667, subd. (e)(2)(C)(iv)(IV), 1170.12, subd. (c)(2)(C)(iv)(IV), 1170.126, 

subd. (e)(3).) Patterson appealed.

We appointed counsel to represent Patterson on appeal. After examination of the 

record, counsel filed an opening brief in which he raised no issues. On March 20, 2015, 

we advised Patterson he had 30 days within which to personally submit any contentions 

or issues he wished us to consider.

On April 30, 2015, we received a six-page typed “supplemental brief” in which 

Patterson claimed the trial court violated his constitutional right to equal protection by 

denying his petition. Patterson does not dispute that his 1989 conviction for attempted 

murder (Pen. Code, §§ 187, 664) makes him statutorily ineligible for resentencing. He 

contends, however, that his culpability for that crime was limited because a codefendant 

committed the actual attempted murder and because the trial court stayed Patterson’s

sentence on that crime. Patterson therefore argues the Proposition 36 exclusion for 

persons convicted of certain crimes, including attempted murder (Pen. Code, § 1170.126, 

subd. (e)(3)), was never intended to apply to persons such as himself.

Further, Patterson maintains he has proven himself to be a nonviolent, low risk 

petty offender, and his Fourteenth Amendment equal protection rights dictate that he 

receive the same sentence as other similarly situated inmates who are second strike 

offenders.
3

Patterson is not eligible for resentencing under Penal Code section 1170.126

because he was convicted of attempted murder, a crime excluding him from the 

resentencing scheme. Patterson has not shown how the law’s delineation of exceptions to 

the resentencing rule violates equal protection.

We have examined the entire record and are satisfied Patterson’s attorney on 

appeal has fully complied with the responsibilities of counsel and there are no arguable 

issues. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 

756]; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 

436, 441-442.)

DISPOSITION

The order is affirmed.

STROBEL, J.*

We concur:

PERLUSS, P. J.

SEGAL, J.

 

*

Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to 

article VI, section 6 of the California Constitution.