Filed 7/27/15 P. v. Patterson CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

RONALD EVE R R ETT PATTERSON,

Defendant and Appellant. B261564

(Los Angeles County Super. Ct. No. BA156695)

APPEAL from an order of the Superior Court of Los Angeles County, Wil liam C.
Ryan, Judge. Affirmed.

Ronald Eve r rett Patterson, in pro . per

. ; and Richard B. Lennon, under appointment
by the Court of Appeal, for Defendant and Appellant.
No appearanc e for Plaintiff and Respondent.

_______________________2

In 1998

, a jury convicted R onald 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 198 9 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 2 5 years to life.
On September 30, 20 1 4, 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 is sues 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 protecti on by
denying his petition. Patterson does not dispute that his 198 9 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 co defendant

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

sentence on that crime. P atterson therefore argues the Proposition 36 exclusion for
persons convicted of certain crimes, including attempted murder ( Pen. C ode, § 1170.126

, subd. (e)(3))

, was never intended to ap ply 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

re ceive the same sentence as other similarly situated inmates wh o 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

resenten cing 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 responsibilit ies 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, 11 8

- 11 9 ; People v

. Wende (1979) 25 Cal.3d

436, 441

- 442 .)

DISPOS I TION

The order is affirme d.

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.