People v. Shadzad CA2/6

Filed 6/4/15 P. v. Shadzad 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B257547 (Super. Ct. No. F392359) Plaintiff and Respondent, (San Luis Obispo County)

v.

DARIUS MATTHEW SHADZAD,

Defendant and Appellant.

Appellant was convicted by jury of possessing a deadly weapon in a penal institution. (Pen. Code, § 4502, subd. (a).) Because he had two prior "strike" convictions, the trial court sentenced him to an indeterminate 25-year-to-life term under the three strikes law. (Id., §§ 667, subds. (b)-(i); 1170.12.) He appealed that judgment and we affirmed it. (April 6, 2009, B203754 [nonpub. opn.].)1 On January 10, 2014, appellant moved to recall his…