People v. Kelly CA3

Filed 1/16/15 P. v. Kelly CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C074486

Plaintiff and Respondent, (Super. Ct. No. SF084590A)

v.

JOSEPH FREDERICK KELLY,

Defendant and Appellant.

Defendant Joseph Frederick Kelly appeals from an order denying a petition to recall his so-called “three strikes” sentence of 25 years to life, brought pursuant to the provisions of the Three Strikes Reform Act of 2012, codified at Penal Code section 1170.126.1 (See Teal v. Superior Court (2014) 60 Cal.4th 595.) Defendant’s petition to recall his sentence and for resentencing was denied, defendant having admitted personally using or being armed with a deadly weapon in the

1 Undesignated…