Sledge

FACTS AND PROCEDURAL HISTORY

1. Defendant’s Commitment Offenses In 1998, defendant went into a bank and attempted to cash a check for $453.12 drawn on the account of Sara Delgadillo. Ms. Delgadillo had not signed the check or given defendant permission to cash it. The bank teller learned the checking account had been flagged, and the branch manager called the police. Defendant told police he had received the check from a man for whom he had performed some house painting and yard cleaning. A jury convicted defendant of possession of a fictitious instrument (§ 476), check forgery (§ 470, subd. (a)), and second degree burglary (§§ 459 & 460, subd. (b)). The court found true the additional allegations defendant had previously suffered three serious or violent convictions, two for residential burglary and one for assault with a deadly weapon. The court sentenced defendant to a term of 25 years to life. The judgment was affirmed on appeal. (People v. Sledge (Feb. 27, 2001, D036483) [nonpub. opn.] (Sledge I).) 1 All statutory references are to the Penal Code unless otherwise indicated.

2 2 2. Defendant’s Prior Offenses Apart from his commitment offenses, defendant has a lengthy…