The People v. Padilla CA6

Filed 8/29/13 P. v. Padilla 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039216

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 175952)

v.

LARRY PADILLA,

Defendant and Appellant.

In 1994, appellant Larry Padilla was convicted of first degree burglary (Pen. Code §§ 459, 460, subd. (a)), with at least two prior “strike” convictions. (Pen. Code §§ 667, subds. (b)-(i), 1170.12.) He was sentenced to serve 35 years to life in prison. (People v. Padilla (May 18, 1998, H016463) [nonpub. opn.].)1 On appeal in 1996, this court remanded the matter for resentencing. (Ibid.) On remand, the trial court imposed the same sentence. (Ibid.) Appellant appealed again, and in 1998, this court affirmed the…