P. v. Lewis
Filed 5/5/06 P. v. Lewis CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. WILLIAM LEWIS, Defendant and Appellant. | B183288 (Los Angeles County Super. Ct. No. KA051229) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Robert M. Martinez, Judge. Affirmed.
Allison H. Ting, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.
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William Lewis appeals from the judgment entered following remand by this court after his conviction by jury of assault by means likely to produce great bodily injury, kidnapping, and forcible rape, with the finding that he was engaged in the crime of kidnapping during commission of the rape (Pen. Code, §§ 245, subd. (a)(1), 207, subd. (a), 261, subd. (a)(2), 667.61, subd. (b)),[1] and his admissions of a prior serious felony conviction within the meaning of sections 667, subdivisions (a) through (i) and 1170.12, subdivisions (a) through (d), and a prior prison term within the meaning of section 667.5, subd. (b). He was originally sentenced to prison for 30 years to life plus a determinate term of 18 years.
On appellant's appeal from the judgment (case No. B152939), we ordered the 10-year determinate sentence for kidnapping stricken and vacated the findings entered on the admissions of the prior conviction allegations because the admissions were not voluntary and intelligent. We remanded the matter for proceedings limited to the issue of the truth of the prior conviction allegations and for resentencing, including the selection of a new base term for assault because the sentence for the original base term, kidnapping, was stricken. On remand, appellant was sentenced to 30 years to life plus a determinate term of 12 years.
Appellant contends that the sentencing court abused its discretion when it denied his Marsden motion (People v. Marsden (1970) 2 Cal.3d 118). We affirm.
PROCEDURAL BACKGROUND
Appellant was represented by a deputy public defender (hereafter â€
