People v. Patton CA2/6

Filed 6/2/15 P. v. Patton 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B261788 (Super. Ct. No. F298758) Plaintiff and Respondent, (San Luis Obispo County)

v.

FREDDIE ALLEN PATTON,

Defendant and Appellant.

Freddie Allen Patton appeals from an order denying his petition to recall his Three Strikes sentence pursuant to Proposition 36 (Pen. Code, § 1170.126).1 In 2001, appellant was convicted of driving while intoxicated (Veh. Code, §§ 23152, subd. (a); 23152, subd. (b)) and grand theft of an automobile, (Veh. Code, § 10851, subd. (a)), and admitted that he had previously been convicted of three serious or violent felonies within the meaning of the Three…