People v. Ayala CA4/2

Filed 1/14/15 P. v. Ayala CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, E061057

v. (Super.Ct.No. FSB06424)

MICHAEL ANTHONY AYALA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Michelle Rogers, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Michael Anthony Ayala filed a petition for resentencing

pursuant to Penal Code section 1170.126. The court denied the petition. After counsel

filed the notice of appeal, this court appointed counsel to represent defendant. Counsel 1

has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436, and Anders

v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a

statement of the case and identifying three potentially arguable issues: 1) whether the