1

Filed 7/24/15 P. v. R omero 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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). T his opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

LAWRENCE ROMER O,

Defendant and Appellant. E062609

(Super.Ct.No. FVA012334)

OPINION

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Lawrence Romero appeals after the trial court denied h is

petition for resentencing under Penal Code section 1170.126, known as the Three Strikes2

Reform Act of 2012 (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012))

. 1

Defendant filed notice of appeal on December 29, 2014. We affirm.

PROCEDURAL BAC KGROUND

On October 5, 2000, a jury found defendant guilty of petty theft with a prior.

(§ 666.) The trial court found that he had two prior strike convictions for burglary

(§ 459) and committing a lewd act with a child under the age of 14 (§ 288). (§§ 1170.12,

subds. (a)

- (d), 667, subds. (b)

- (i).) On July 9, 2001, the court sentenced defendant to

state prison for 25 years to life. 2

On December 28, 2012, defendant filed an in propria persona petition for

resentencing under section 1170.126. The court denied the petition on the ground that

defendant’s prior strike conviction for committing a lewd act on a child (§ 288, subd. (a))

made him ineligible for resentencing under section 1170.126, subdivision (e)(3). This

court affirmed the denial in the ensui ng appeal. (See People v. Romero ( Dec. 30, 2013

,

E05 8691 [nonpub. opn.] .)

On November 3, 2014, defendant filed another in pro pria per sona petition for

resentencing under section 1170.126. On November 25, 2014, the trial court denied the

petition again o n the ground that defendant was ineligible for resentencing under section

1 All further statutory references wi ll be to the Penal Code, unless otherwise

noted.

2 We note the record reflects that the jury also found defendant guilty of

possessing a smoking device (Health & Saf. Code, § 11364) in Count 3. The court

sentenced him to 90 days in county jail, and he was given credit for 90 days served.3

1170.126, subdivision (e)(3)

, because of his prior conviction for violating section 288,

subdivision (a).

On December 29, 2014, defendant filed a notice of appeal. We affirm.

ANALY SIS

T his court appointed counsel to represent defendant on appeal . 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 brief statemen t of

the facts, and identifying the following potential arguable issue s : ( 1) whether defendant

is entitled to resentencing under the Three Strikes Reform Act, given his prior conviction

of violating section 288, subdivision (a); ( 2) whether defendant is e ntitled to resentencing

under Proposition 47 (§ 1170.18); ( 3) whether defendant is entitled to retroactive relief,

based on amendments to section 666, reducing some felony petty thefts with priors to

misdemeanors; and ( 4) whether his prior felony strike fo r burglary was an offense

, which

is now a misdemeanor based on amendments to section 666.

Defendant was offered an opportunity to file a personal supplemental brief, which

he has not done.

Under People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent

review of the record and find no arguable issues.4 DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

HOLLENHORST

Acting P. J.

We concur:

KING

J.

CODRINGTON

J.