People v. Smith CA4/2

INTRODUCTION

A jury convicted defendant and appellant William Shawn Smith of attempted

carjacking (Pen. Code,1 §§ 664, 215, count 1) and robbery (§ 211, count 2). A trial court

found true the allegations that he had two prior serious felony convictions and had served

two prior prison terms. (§§ 667, subds. (b)-(i), 667.5, subd. (b).) It then sentenced him to

a total term of 25 years to life.

Twenty-five years later, defendant filed, in propria persona, an “Ex Parte Motion

for Repleader Pursuant to Penal Code Section 1473.6 Boykin/Tahl Violation.” The court

held a nonappearance hearing and denied the motion.

Defendant filed a timely notice of appeal. We dismiss the appeal.

PROCEDURAL BACKGROUND

In 1995, a jury convicted defendant of attempted carjacking (§§ 664, 215) and

burglary (§ 211). On February 2, 1996, a trial court found true the allegations that he had

two prior serious felony convictions and had served two prior prison terms. (§§ 667,

subds. (b)-(i), 667.5, subd. (b).) It then sentenced him to a total term of 25 years to life in

state prison.

On March 26, 2021, defendant filed an in propria persona “Ex Parte Motion for

Repleader Pursuant to Penal Code…