People v. Magana CA2/2

Filed 7/13/15 P. v. Magana 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B261157

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA152513) v.

JOHN A. MAGANA,

Defendant and Appellant.

THE COURT:*

Defendant John A. Magana appeals from the order denying with prejudice his petition for recall of sentence under Penal Code section 1170.126.1 Defendant is currently serving a sentence of 90 years to life pursuant to section 667, subdivisions (b)–(i) and section 1170.12, subdivisions (a)–(d) (the Three Strikes law). We appointed counsel to represent defendant on this appeal. Counsel filed an “opening brief” in which he stated he had failed to find any arguable issues. On March…