People v. Marshall CA2/2

Filed 11/6/14 P. v. Marshall CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B256540

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA365596) v.

SAMMY JAVE MARSHALL II,

Defendant and Appellant.

THE COURT:*

Defendant and appellant Sammy Jave Marshall II (defendant) appeals from the denial of his post-judgment petition for recall of sentence pursuant to the Three Strikes Reform Act of 2012 (Reform Act), and for resentencing under Penal Code section 1170.126.1 His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On July 25, 2014, we notified defendant of his counsel’s brief and gave him leave to file his own brief…