People v. Young CA4/2

STATEMENT OF THE CASE

In 1998, a jury found defendant and appellant Zuri S. Young guilty of one count of

battery by a prisoner on a non-confined person under Penal Code1 section 4501.5. After

a subsequent bench trial, the trial court found that defendant had suffered prior

convictions for four counts of attempted murder under sections 664 and 187, and one

count of robbery under section 211, all of which were violent or serious felonies under

section 667, subdivisions (b) through (i). The trial court sentenced defendant to 25 years

to life.

Approximately 16 years later, on October 6, 2014, defendant filed a petition

entitled “Recall of Commitment and Sentence Pursuant to CCR Title 5, 3076(c)(d) and

Pen. Code § 1170(c)(d).” On November 25, 2014, the trial court ruled on defendant’s

petition as follows: “the Court has read and considered Petition for Recall of Sentence

pursuant to PC 1170.126. The Court finds that Petitioner does not satisfy the criteria in

PC 1170.126(e) and is not eligible. The petition for recall of sentence is denied.”

On December 29, 2014, defendant filed a notice of appeal from the court’s

“[f]inding defendant ineligible as a matter of law for…