Regalado
Filed 9/18/13 P. v. Regalado
CA2/6
NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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 SIX
THE PEOPLE,
Plaintiff and Respondent,
v.
ALFREDO
PEREZ REGALADO,
Defendant and Appellant.
2d Crim. No. B246487
(Super. Ct.
No. CR44349 (1999))
(Ventura County)
Alfredo
Perez Regalado appeals an order denying a petition to recall his 25-year-to-life
sentence pursuant to the procedure set forth in Penal Code section 1170.126,
the Three Strikes Reform Act of 2012.
On February
25, 1999,
Regalado was convicted of petty theft
with a prior petty theft conviction.
(§ 666.) The trial court
found that Regalado suffered two prior serious felony strike convictions: a 1990 conviction for forcible rape and a
1983 conviction for kidnapping. (§§ 261, subd. (a), 207.) The court imposed a 25-year-to-life sentence
pursuant to the three strikes law.
(§§ 667, subd. (b)-(i), 1170.12, subds. (a)-(d).)
On November
15, 2012,
Regalado filed a petition to recall his sentence pursuant to section 1170.126,
subdivision (b). The trial court denied
the petition, ruling that Regalado did not qualify for resentencing because a
prior strike offense was a "sexually violent offense" pursuant to
sections 1170.12, subdivision (c)(2)(C)(iv), 667, subdivision (e)(2)(C)(iv),
and Welfare and Institutions Code section 6600.
Regalado appealed.
We
appointed counsel to represent
Regalado in this appeal. After counsel's
examination of the record, she filed an opening brief raising no issues.
On June
10, 2013,
we advised Regalado by mail that he had 30 days within which to personally
submit any contentions or issues that
he wished to raise on appeal. We have
not received a response.
We
have reviewed the entire record and are satisfied that Regalado's attorney has
fully complied with her responsibilities and that no
v. Wende (1979) 25 Cal.3d 436, 441.)
The
order is affirmed.
NOT TO BE PUBLISHED.
GILBERT,
P. J.
We
concur:
YEGAN, J.
PERREN, J.
>
Kevin
J. McGee, Judge
Superior
Court County of Ventura
______________________________
Jonathan
B. Steiner, Kathleen C. Caverly for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
name="_ftn1" title="">[1] All further statutory
references are to the Penal Code unless stated otherwise.
