People v. Rosas CA6

Filed 8/1/16 P. v. Rosas 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H042929

(Monterey County Plaintiff and Respondent, Super. Ct. No. SS001023A)

v.

ROBERT ROSAS,

Defendant and Appellant.

On April 7, 2000, defendant Robert Rosas was convicted of one count of unauthorized possession of drugs or alcoholic beverages in prison (Pen. Code, § 4573.8), and the court found true a prior strike allegation. (Id., § 1170.12, subd. (c)(1).) The trial court denied a motion to dismiss the strike prior and sentenced defendant to 32 months in prison.1 On May 27, 2015, defendant filed a petition for resentencing pursuant to Penal Code section 1170.18, subdivision (a). The district attorney opposed the petition, contending…