The People v. Warren CA2/6

Filed 8/29/13 P. v. Warren 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B247589 (Super. Ct. No. 2010006608) Plaintiff and Respondent, (Ventura County)

v.

ELBERT WARREN,

Defendant and Appellant.

Elbert Warren appeals a February 6, 2013 motion to recall his sentence after appellant was convicted by jury of dissuading a witness (Pen. Code, § 136.1, subd. (a)(1))1 and the jury found that appellant had suffered a prior serious felony conviction (§ 667, subd. (a)(1)). Appellant was sentenced as a three strikes offender to 25 years to life state prison plus a consecutive term of five years on the prior serious felony enhancement (§ 667, subd. (a)(1)). We…