People v. Lugo CA6

Filed 11/10/22 P. v. Lugo 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H049501

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 189590)

v.

JOSEPH LUGO,

Defendant and Appellant.

MEMORANDUM OPINION1

In 1997, defendant Joseph Lugo was convicted of attempted first degree burglary. (Pen. Code, §§ 664, 459, 460, subd. (a).)2 The jury also found that he had two strike prior convictions (§§ 667, subds. (b)-(i), 1170.12), two serious felony prior convictions (§ 667, subd. (a)), and four prison priors (§ 667.5, subd. (b)). The trial court imposed a total term of 38 years to life. In January 2020, the Secretary of the California Department of Corrections and Rehabilitation (the Secretary) sent a letter…