People v. Shelton CA2/4

Filed 11/10/15 P. v. Shelton CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B262081

Plaintiff and Respondent, (Los Angeles County Super. Ct. No BA344533)

v.

DWIGHT ROLLAND SHELTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert J. Perry, Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Appellant Dwight Rolland Shelton appeals from an order denying his petition to recall his sentence under Penal Code section 1170.18.1 His appointed counsel filed a brief requesting that we independently review the record for error. (People v. Wende (1979) 25 Cal.3d 436, 441.) We directed counsel to send the record and a copy of the brief to appellant, and notified him of his right to respond within 30 days. Appellant did not respond. BACKGROUND Appellant was convicted of 51 felony counts relating to fraudulent real estate transfers. Appellant and a co-conspirator committed forgery and other crimes during six real estate transactions, using stolen or fictitious identities to facilitate the transactions and then stealing, or attempting to steal, the proceeds of the sales. We have granted appellant’s request to take judicial notice of this court’s opinion in the underlying case, People v. Shelton, et al., B222428, consolidated with B225438 (unpub. opn. Apr. 10, 2012). For his underlying conviction, the information charged appellant with making false financial statements (§ 532a, subd. (1)), grand theft of personal property (§ 487, subd. (a)), forgery (§ 470, subd. (a)), offering a false or forged instrument for filing (§ 115, subd. (a)), identity theft (§ 530.5, subd. (a)), attempted grand theft of personal property (§§ 487, subd. (a), 664), and conspiracy to commit a crime (§ 182, subd. (a)(1)). In connection with specified counts, the information alleged that the value of the pertinent property exceeded $150,000 (former § 12022.6, subd. (a)(2)); the loss exceeded $100,000 (§ 115, subd. (c)); and that the felonies involved fraud or embezzlement as a material element, as well as a pattern of felonious conduct related to the taking of more than $500,000 (§ 186.11, subd. (a)(2)).