People v. Smiley CA1/1

Filed 8/31/15 P. v. Smiley CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A144914

v. DERRAN SMILEY, (Alameda County Super. Ct. No. 149560) Defendant and Appellant.

MEMORANDUM OPINION1

Defendant Derran Smiley appeals from the trial court’s denial of his motion to modify his sentence, filed several years after entry of judgment following a jury trial in 2006. In an unpublished decision filed in 2007, we affirmed defendant’s convictions on one count of kidnapping to commit rape and five counts of forcible rape. (People v. Smiley (Sept. 19, 2007, A113874) [nonpub. opn.].) In that decision, we affirmed the imposed sentence of consecutive terms of 24 years and 25 years to life, rejecting defendant’s…