The People v. Howe CA2/6

Filed 8/27/13 P. v. Howe 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, 2d Crim. No. B248142 (Super. Ct. No. F281349) Plaintiff and Respondent, (San Luis Obispo County)

v.

JAMES CLAYTON HOWE,

Defendant and Appellant.

James Clayton Howe appeals from the order denying his petition to recall his 25 year-to-life sentence pursuant to the procedures set forth under Penal Code1 section 1170.126, added by Proposition 36, the Three Strikes Reform Act of 2012. We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief in which no issues were raised. We advised appellant that he had 30 days within which…