People v. Mobley CA1/3

Filed 7/31/14 P. v. Mobley CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A141487

v. WAYNE MOBLEY, (City & County of San Francisco Super. Ct. No. 201125) Defendant and Appellant.

Defendant Wayne Mobley was convicted in 2008 of one count of second degree robbery, in violation of Penal Code sections 211, 212.5, subdivision (b).1 Defendant was sentenced to 35 years-to-life pursuant to the three strikes law (§§ 1170.12, subds. (b), (c), 667, subds. (a), (d), (e)) based on his 14 prior second degree robbery and attempted robbery convictions. In January 2014, defendant filed a petition for resentencing pursuant to section 1170.126, subdivision (e), enacted in 2012 by the passage of Proposition 36.…