People v. Westbrook CA2/5

Filed 3/11/15 P. v. Westbrook CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B258925

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA031025) v.

EARL WAYNE WESTBROOK,

Defendant and Appellant.

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

Defendant, Earl Wayne Westbrook, appeals from an order denying his petition for

recall of sentence pursuant to Penal Code section 1170.126.1 We appointed counsel to

represent defendant on appeal. After examination of the record, appointed appellate

counsel filed an “Opening Brief” in which no issues were raised. Instead, appointed

appellate counsel requested this court independently review the entire record on appeal

pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000)

528 U.S. 259, 277-284.) On November 21, 2014, we advised defendant that he had 30

days within which to personally submit any contentions or arguments he wished us to

consider.

We have examined the entire record and are satisfied appointed appellate counsel