People v. Spencer CA4/1

Filed 7/17/15 P. v. Spencer CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D067318

Plaintiff and Respondent,

v. (Super. Ct. No. SCN203697)

BARRY SPENCER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Plaintiff and Respondent.

In this criminal case, appointed counsel filed a brief presenting no argument for

reversal but inviting the court to review the record for error in accordance with People v.

Wende (1979) 25 Cal.3d 436 (Wende), specifically requesting we examine the denial of

defendant's request to recall his sentence pursuant to Penal Code section 1170.126.1 We

gave defendant Barry Spencer an opportunity to file a brief on his own behalf, and he has

done so. After independently reviewing the entire record for error, as required by Anders

v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.