P. v. Hammontree
Pursuant to a plea agreement, defendant and appellant Ronnie Dale Hammontree pled guilty to second degree burglary (Pen. Code, § 459) and admitted that he had served four prior prison terms (§ 667.5, subd. (b)).[1] The trial court placed him on probation for three years on certain terms. Defendant subsequently admitted that he violated his probation, and the court revoked his probation. The court sentenced him to five years four months in state prison and awarded him 485 days of presentence credits (319 actual plus 166 conduct).
Defendant subsequently filed a motion with the trial court, in propria persona, to reduce his sentence (the motion). The court denied the motion. Defendant filed a notice of appeal and request for certificate of probable cause, indicating he wished to challenge the denial of the motion. The court denied the request for certificate of probable cause. We affirm.
PROCEDURAL BACKGROUND
On or about March 23, 2012, defendant filed a motion to reduce his sentence, based upon the problem of overcrowding in California prisons, and his desire to take care of his mother. In his motion, defendant cited Penal Code section 1170, Title 18 United States Code section 3626, California Rules of Court, rule 4.452, and various cases. The trial court denied the motion.
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