People v. Davey CA4/1

Filed 3/25/15 P. v. Davey CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065984

Plaintiff and Respondent,

v. (Super. Ct. No. SCD134140)

KEVIN ROGER DAVEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kenneth

K. So, Judge. Affirmed.

Gary V. Crooks, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Kevin Roger Davey appeals the denial of his motion to recall his sentence under

Penal Code section 1170.126. Davey had been convicted in California of committing

sexual offenses against minors. He had also been convicted of aggravated sodomy

against a nine-year-old child and aggravated burglaries in other states. In 1998, Davey

pleaded guilty to failing to register as a sex offender and was sentenced to 25 years to

life.

Appointed appellate counsel filed a brief presenting no argument for reversal, but

invited this court to review the record for error in accordance with People v. Wende