People v. Roper CA2/2

Filed 8/26/15 P. v. Roper CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B262137

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA091419) v.

SHAUN MARSHALL ROPER,

Defendant and Appellant.

THE COURT:* Defendant and appellant Shaun Marshall Roper (defendant) appeals from the amended judgment entered after his sentence was recalled pursuant to Penal Code section 1170.18.1 His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. After notifying defendant of his counsel’s brief, defendant filed his own letter brief. We have reviewed defendant’s letter brief as well as the entire record, and finding no arguable issues, affirm the judgment.

* BOREN, P.J., ASHMANN-GERST, J., CHAVEZ, J.

1 All further statutory references are to the Penal Code, unless otherwise indicated.

An amended felony complaint filed in December 2013 alleged that defendant committed the following four felonies: forging and possessing a counterfeit seal, in violation of section 472 (count 1); possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a) (count 2); bringing alcohol into a jail facility, in violation of section 4573.5 (count 3); and receiving stolen property, in violation of section 496, subdivision (a). In addition, the complaint alleged that defendant had suffered six prior convictions for which he had served prison terms within the meaning of section 667.5, subdivision (b). The previous month, defendant had waived his right to counsel and was granted pro. per. status. After the amended complaint was filed, defendant entered an open plea of nolo contendere to each of the four counts and admitted the six prior prison terms, with the understanding that he would be placed on probation and required to complete a six-month residential treatment program, or sentenced to a maximum of 11 years if he failed to do so. On July 22, 2014, after defendant failed to complete the treatment program, the trial court sentenced defendant to a total jail term of four years, comprised of the middle term of two years as to count 1, with the middle term of two years as to each other count, to run concurrently to the term imposed as to count 1, plus two consecutive prison-prior enhancements. The trial court selected two of the six admitted prison priors, one alleged in the amended information to have been entered in superior court case No. BA391382 with a conviction date of January 4, 2012, and the other alleged to have been entered in case No. BA393226. No appeal was taken from the judgment and it became final 60 days after imposition of sentence. (See Cal. Rules of Court, rule 8.308.) In November 2014, after the passage of Proposition 47, defendant filed a petition for recall of his sentence and reduction of his convictions to misdemeanors under section 1170.18.2 The trial court