P. v. Cruz
Defendant pled no contest to first degree burglary, admitted having a prior serious felony conviction for purposes of the five year enhancement and the three strikes law, and was sentenced to state prison for nine years. He appealed, and this court affirmed the judgment. (People v. Cruz (Mar. 15, 2006, C050414) [unpub. opn.].) The remittitur issued on May 19, 2006.
Beginning in July 2006, defendant, in propria persona, filed a series of petitions for writ of habeas corpus, motions, letters, requests, and lawsuits in the trial court asking it to reconsider defendants sentence, strike his prior conviction, and sentence him to a drug program on the grounds that he had AIDS and cryptococcal meningitis, was receiving inadequate medical care in prison, and wanted to give back to the community by speaking to children about the pitfalls of drug use. On November 13, 2006, the trial court denied defendants post conviction motions, finding that it lacked jurisdiction to modify defendants sentence or to consider his motion to strike. The appeal is dismissed.
Defendant filed notices of appeal from the denial of his post-conviction motions.
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