The People v. Thomas CA6

Filed 8/29/13 P. v. Thomas CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039315

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC583911)

v.

JAMES EDWARD THOMAS,

Defendant and Appellant.

In 2006, defendant James Edward Thomas was convicted of residential burglary with a special enhancement that a person other than an accomplice was present in the residence at the time of the offense. (Pen. Code, §§ 459 and 667.5, subd. (c)(21).) Defendant was sentenced under the “Three Strikes” law prior to its amendment in 2012. On December 28, 2012, the defendant filed a petition for recall of sentence under the Three Strikes Law Reform Act (the Act) and Penal Code section 1170.126. On January 2, 2013,…