1 Filed 11/20/13 P. v. Sterling CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOURTH APPELL ATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent,

v. ROY CLIFTON STERLING, Defendant and Appellant. E059034 (Super.Ct.No. RIF097911) OPINION

APPEAL from the Superior Court of Ri verside County. Becky Dugan, Judge. Affirmed. Beatrice C. Tillman, under appointment by th e Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.2 Defendant and appellant Ro y Clifton Sterling appeals from an order denying his petition for recall of his indeterminate life term under Penal Code section 1170.126, subdivision (f). 1 We will affirm the order. I PROCEDURAL BACKGROUND On December 20, 2001, a ju ry found defendant guilty of possessing a counterfeit bill. (§ 476.) In a bifurcated bench trial, the trial court found tr ue that defendant had suffered two prior strike conv ictions (§§ 667, subds. (c) & (e), 1170.12, subd. (c)) for second degree murder in 1978 and assault with a firearm in 1988, and that defendant had served four prior prison terms (§ 667.5, subd. (b)). On May 3, 2002, after the trial court denied defendant’s motion to strike one of his prior strike convictions, defendant was sentenced to a total indeterminate term of 25 years to life in state prison under the three strikes law. On November 6, 2012, the electorate pa ssed Proposition 36, also known as the Three Strikes Reform Act. Among other things, this ba llot measure enacted section 1170.126, which permits persons currently se rving an indeterminate life term under the three strikes law to file a petition in the senten cing court, seeking to be resentenced to a determinate term as a second striker. (§ 1170.126, subd. (f).) If the trial court determines, in its discretion, that the defe ndant meets the criteria of section 1170.126, subdivision (e), the court may resentence th e defendant. (§ 1170 .126, subds. (f), (g).)

1 All future statutory references are to the Penal Code unless otherwise stated.3 On May 13, 2013, de fendant filed in pro. per. a petition for resentencing under section 1170.126. The trial court denied the petition on May 21, 20 13, finding defendant ineligible for resentencing under section 1 170.126. Defendant filed a timely notice of appeal. III DISCUSSION We appointed counsel to represent defenda nt on appeal. After examination of the record, 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 summary of the facts, and one potential arguable issue: whet her the trial court erred in finding defendant ineligible for re sentencing under section 1170.126. Section 1170.126, applies ex clusively to those “persons presently serving an indeterminate term of impr isonment pursuant to paragraph (2) of subdivision (e) of Section 667 or paragra ph (2) of subdivision (c) of Secti on 1170.12, whose sentence under this act would not have been an indeterminate life sentence.” (§ 1170.126, subd. (a).) Section 1170.126 sets forth a procedure through which certain prisoners can petition the court for resentencing. Such a person may file a petition to re call his or her sentence and be sentenced as a second strike offender. (§ 1170.126, subd. (b).) An inmate is eligible for such resentencing if none of his or her commitment offenses constitute serious or violent felonies and none of enumerated factors disqualifying a defendant for resentencing under Proposition 36 a pply. (§ 1170.126, subd. (e).)4 Section 1170.126, subdivisio n (e)(3), provides that an inmate is eligible for resentencing if “[t]he inmate has no prior convictions for any of the offenses appearing in clause (iv) of subparagraph (C) of paragrap h (2) of subdivision (e ) of Section 667 or clause (iv) of subparagraph (C) of paragraph (2) of subdivision (c) of Section 1170.12.” Defendant here has a prior conviction for s econd degree murder, an offense listed in sections 667, subdivision (e)(C)(iv)(IV), and 1170.12, subdiv ision (c)(C)(iv)(IV). Defendant was therefore ineligible fo r resentencing under section 1170.126. We offered defendant an op portunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we have independently reviewed the record fo r potential error and find no arguable issues. II DISPOSITION The order is affirmed. NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

We concur:

RICHLI J.

CODRINGTON J.