People v. Lott CA2/5

INTRODUCTION

Defendant and appellant Jonathan Lott (defendant) appeals from an order denying his motion to vacate void judgment (Motion). On appeal, defendant requests that we consider his Motion to be a petition for resentencing under Proposition 36, Penal Code section 1170.126,1 and remand the matter for a hearing on that re-characterized Proposition 36 petition. He also contends that he is entitled to youthful offender parole hearing and requests that we remand the matter to the trial court for that purpose. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND2

Defendant, without citation to the record, states that he was born on September 12, 1975. In February 1995 defendant was convicted by a jury of four counts of attempted robbery (§§ 664 and 211; counts 1-4) and four counts of attempted willful, deliberate and premeditated murder (§§ 664 & 187, subd. (a); counts 5-8) (first case) (Lott 1 at p. *2; Lott 2 at p. *2). The crimes were committed in May 1994, when, according to defendant, he was 18 years old. The trial court sentenced defendant to life in prison plus seven years. (Lott 2 at p. *2.) Defendant’s sentence was subsequently “corrected” by the trial court, on at…