People v. Pena CA3

FACTS AND PROCEEDINGS

In 1981, defendant pleaded guilty to forcible rape (§ 261), kidnapping (§ 207), and oral copulation by force (§ 288a, subd. (c)), with enhancements charged on each count for personal use of a firearm during the commission of the crimes. (§ 12022.5.) The court later denied defendant’s motion to withdraw his pleas and sentenced him to 18 years in state prison. In 1998, a jury convicted defendant of violating section 290’s sex offender registration requirements for failing to notify authorities of a change in his address. In a subsequent bifurcated proceeding, the court found true the special allegations that defendant had three strike priors based on the 1981 convictions. The court denied defendant’s request to strike the allegations of the prior convictions under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The court sentenced defendant to state prison for an indeterminate term of 25 years to life. The judgment was affirmed on appeal. (See People v. Pena, Feb, 25, 2000, C031169 [nonpub. opn.].) In October 2013, defendant filed a petition for recall of sentence pursuant to section 1170.126 and a motion to strike strikes. According to…