People v. Fryer CA6

Good Law
Court of Appeal of CaliforniaMay 25, 2022H048261California891 words

Opinion

Opinion

Filed 5/25/22 P. v. Fryer 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H048261

(Santa Clara County Plaintiff and Respondent, Superior Court No. C168974)

v.

LEROY FRYER,

Defendant and Appellant.

THE COURT1

Defendant Leroy Fryer appeals from an order denying his petition for resentencing pursuant to Penal Code section 1170.91.2 For the reasons set forth below, we dismiss the appeal.

I. PROCEDURAL BACKGROUND

On November 24, 1993, defendant pled no contest to seven counts of lewd and lascivious conduct on a child by force (§ 288, subd. (b)); one count of attempted lewd and lascivious conduct on a child by force (§§ 664/288, subd. (b)); two counts of false imprisonment (§§ 236/237); and one count of use of a…

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