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People v. Anderson

California Court of Appeals, Third District, Sacramento

September 12, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
MELVIN W. ANDERSON, Defendant and Appellant.

[DEPUBLISHED BY ORDER]

APPEAL from an order of the Superior Court of Sacramento County, No. 98F00784 Laurie M. Earl, Judge.

Page 926

[Copyrighted Material Omitted]

Page 927

[Copyrighted Material Omitted]

Page 928

COUNSEL

Deborah Prucha and Carol Foster, under appointments by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Catherine Chatman and R. Todd Marshall, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MAURO, Acting P. J.

Defendant Melvin W. Anderson appeals from the denial of his petition for recall and resentencing pursuant to the Three Strikes Reform Act of 2012 (the Act). (Pen. Code, § 1170.126.)[1] We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071] (Wende).) Counsel also advised defendant that he had a right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no communication from defendant.[2]

We conclude defendant is not entitled to Wende review on an appeal from the denial of his petition for recall and ...


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