People v. Briggs CA6

Filed 10/8/15 P. v. Briggs CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042162

(Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. 183172, 108709 & 84284) v.

GERALD BRIGGS,

Defendant and Appellant.

In 1996, appellant Gerald Briggs was convicted of first degree burglary after he broke into a neighbor’s apartment through a window and stole her purse. (Pen. Code, §§ 459-460, subd. (a).)1 He was sentenced to a total term of 35 years to life. (§§ 667, subd. (e)(2), 1170.12, subd. (c)(2).)2 On February 3, 2015, appellant filed a number of petitions for recall of sentence and resentencing pursuant to section 1170.18, subdivision (a), seeking to reduce his conviction to a misdemeanor under Proposition…