Grandberry

Filed 1/22/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B338353 (Super. Ct. No. KA051126) Plaintiff and Respondent, (Los Angeles County)

v.

RICHARD GRANDBERRY,

Defendant and Appellant.

Richard Grandberry, a “Three Striker,” appeals following a Penal Code section 1172.75 resentencing.1 He contends (1) the trial court erred when it “failed” to apply section 1385, subdivision (c), as amended by Senate Bill No. 81, in deciding whether to dismiss his “Three Strikes priors,” and (2) section 1385, subdivision (c) should be interpreted in a manner that encompasses these convictions under the rule of lenity because the statute is subject to genuine ambiguity. The People contend there was no error because section 1385, subdivision (c) does not apply to the “Three Strikes” law,

All further statutory references are to the Penal Code. and the rule of lenity is not applicable here. We agree with the People and affirm. Procedural Background In April 2001, appellant was convicted by jury of first degree burglary (§§ 459, 460, count 1) and attempted…