P. v. Lopez CA4/3

Filed 8/5/13 P. v Lopez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048042

v. (Super. Ct. No. 98HF0132)

JAMES REYES LOPEZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant James Reyes Lopez pleaded guilty to four counts of second degree robbery, and was sentenced to 110 years to life in prison. We appointed counsel to represent defendant on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), setting forth the facts of the case, raising no issues, and requesting that we independently review the entire record. On June 4, 2013, this court provided defendant with 30 days to file written argument on his own behalf. That period of time has passed, and we have received no communication from him. We have examined the entire record and counsel‟s Wende/Anders brief, and find no arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

BACKGROUND On four separate occasions in 1997 and 1998, defendant robbed four different banks. In February 1998, defendant pled guilty to four counts of second degree robbery, and admitted two prior convictions and two prior prison terms. The trial court sentenced defendant to a total term of 110 years to life, pursuant to Penal Code sections 667, subdivisions (d) and (e)(2), and 1170.12, subdivisions (b) and (c)(2). In January 2013, defendant filed a petition for recall and resentencing, pursuant to Penal Code section 1170.126, subdivision (b). The trial court denied the petition, and defendant appealed.