People v. Moreno CA2/5

Filed 7/10/14 P. v. Moreno CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B254207

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA047370) v.

MANUEL ROSAS MORENO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, William C. Ryan, Judge. Affirmed. Jonathan B. Steiner, Executive Director, Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

INTRODUCTION

Defendant and appellant Manuel Rosas Moreno (defendant) appeals1 from the denial of his petition for recall of sentence made pursuant to Penal Code section 1170.126.2 The trial court denied defendant’s petition because he was convicted of first degree burglary, a serious felony, making him ineligible for resentencing pursuant to section 1170.126. On appeal, appointed counsel for defendant filed an opening brief in accordance with People v. Wende, supra, 25 Cal.3d 436 requesting that this court conduct an independent review of the record to determine if there are any issues which if resolved in defendant’s favor would require reversal or modification of the judgment or appealable order. On March 27, 2014, we gave notice to defendant that his counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant filed a supplemental brief in which he contends that the “facts and circumstances” underlying his first degree burglary conviction does not justify his sentence of an indeterminate term of 40 years to life under sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d) (“Three Strikes” law). We have reviewed the record and affirm the order.