P. v. Parker
A felony complaint filed in October 2000 charged defendant and appellant Gary Bernard Parker with one count of second degree robbery. (Pen. Code, § 211.) The complaint also alleged that defendant had suffered six prior serious or violent felony convictions. (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).)
The record does not include the information, verdicts, or minute orders from the jury trial. However, the abstract of judgment filed April 26, 2001, shows defendant was convicted by jury trial of second degree robbery (Pen. Code, § 211, count 1) and grand theft of property (Pen. Code, § 487, subd. (a), count 2).
The April 16, 2001 minute order shows defendant’s motion for new trial was denied. He was sentenced pursuant to Penal Code section 1170.12, subdivision (c)(2), and section 667, subdivision (e)(2), for a total indeterminate term of 25 years to life in state prison.
Defendant appealed, and we reversed the grand theft count as being a lesser included offense of the robbery. (See People v. Parker (Jan. 15, 2002, E029353) [nonpub. opn.].) On July 11, 2002, on the court’s own motion, count 2 (grand theft) was dismissed by the trial court. A new abstract of judgment was filed July 24, 2002.
On March 8, 2013, defendant filed a petition for recall of sentence under the Three Strikes Reform Act of 2012. (Pen. Code, § 1170.126.) Finding that defendant was ineligible because the current commitment includes robbery (a serious felony), the trial court denied defendant’s petition on March 21, 2013.
On April 2, 2013, defendant filed a timely notice of appeal from the trial court’s denial of his petition for recall.
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