People v. McKenzie CA6

Filed 6/22/16 P. v. McKenzie 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H043059

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC448878)

v.

ISRAEL NOEL McKENZIE,

Defendant and Appellant.

On April 1, 2005, appellant was sentenced to total term of 5 years plus 25 years to life. His term consisted of 25 years to life for burglary (Pen. Code, §§ 459/460, subd. (a)), 25 years to life for receiving stolen property (Pen. Code, § 496, subd. (a)), which was stayed pursuant to Penal Code section 654, and five years for the serious felony prior. (Pen. Code, § 667, subd. (a).) On February 11, 2015, appellant filed a petition in pro per seeking to be re- sentenced pursuant to People v. Vargas (2014)…