People v. Morales CA4/2

facts, a statement of the case, and identifying two potentially arguable issues:

(1) whether the superior court erred in denying defendant’s petition; and (2) whether the

denial constituted prejudicial error. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

By information filed February 6, 2001, the People charged defendant with

unauthorized possession of heroin in jail (§ 4573.6, count 1). The People additionally

alleged defendant had suffered three prior prison terms (§ 667.5, subd. (b)) and one prior

strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c).)

On June 12, 2002, defendant pled guilty to the count 1 offense. In return, the

People agreed to a sentence of three years of imprisonment, concurrent with defendant’s

sentence in another case, and moved to dismiss all priors alleged in the instant case. On

July 12, 2002, the court sentenced defendant as provided by the plea agreement and

dismissed all the prior allegations.

All further statutory references are to the Penal Code unless otherwise indicated.

The court both denied and dismissed the petition with prejudice.

2 On March 16, 2020, defendant filed a form petition for resentencing…