People v. Perry CA2/5

Filed 10/13/15 P. v. Perry CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B261133

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA026155) v.

CURTIS PERRY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, Martin Herscovitz, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director, Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant and appellant Curtis Perry (defendant) appeals from the trial court’s order denying his petition for recall of his three strikes sentence. On appeal, defendant’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) requesting that this court independently review the entire record to determine if there are any issues, which if resolved in defendant’s favor, would require reversal or modification of the judgment. Accordingly, we notified defendant that he could brief any grounds of appeal, contentions, or arguments he wanted us to consider. Defendant did not file a supplemental brief. Based on our independent review of the entire file, we conclude that there are no arguable issues on appeal. We therefore affirm the trial court’s order denying his petition to recall his sentence.

PROCEDURAL BACKGROUND