People v. Poor CA3

FACTS AND PROCEEDINGS

Defendant was caught with evidence showing that he was manufacturing methamphetamine in his trailer. A jury later convicted him of manufacturing methamphetamine. (Health & Saf. Code, § 11379.6.) The trial court found four strike allegations to be true and sentenced him to 25 years to life in state prison. We affirmed his conviction in January 1999. Defendant filed a petition for recall of sentence pursuant to section 1170.126 in November 2012. He was appointed counsel in December 2012. At defendant’s first appearance in court on May 23, 2013, the prosecutor asked whether the court would be hearing defendant’s petition. The court, Judge Lucena, believed so. Defense counsel said defendant was originally sentenced by Judge Patrick. The court replied, “Yes, Judge Patrick. He does handle assigned cases from time to time in this court.” The prosecutor added, “I have another one of these that he’s intending to handle himself.” Defense counsel told the court, “I don’t mind putting this on in a week such that that can be explored through the administrative avenues.” The court continued the matter to May 30, 2013, informing the parties, “I’ll confer with the presiding…