People v. Edwards CA2/5

Filed 6/27/16 P.v. Edwards CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B268087

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA028053) v.

VINCENSON DESMOND EDWARDS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

Defendant, Vincenson Desmond Edwards, appeals from an order denying his Penal Code1 section 1170.18, subdivision (a) resentencing petition. We affirm the order. On August 3, 1998, defendant was convicted of firearm possession by a felon with a prior felony conviction. (Former § 12021, subd. (a)(1), see now § 29800, subd. (a)(1).) Defendant was also convicted of felony evading an officer with willful disregard. (Former Veh. Code, § 2800.2, Stats. 1988, ch. 504, § 3, p. 1919). Defendant committed the crimes on May 2, 1996. On January 13, 1999, the trial court sentenced defendant to 53 years to life in state prison. (§§ 667, subds. (b)-(i), 667.5, 1170.12.) We modified the judgment and affirmed. (People v. Edwards (Jun. 6, 2000, B129484) [nonpub. opn.].) On July 14, 2014, defendant filed a section 1170.126, subdivision (a) resentencing petition. The trial court denied the resentencing petition. The trial court found defendant had a prior attempted murder conviction, therefore he was ineligible for resentencing. (§§ 667, subd. (e)(2)(C)(iv)(IV), 1170.12, subd. (c)(2)(C)(iv)(IV), 1170.126, subd. (e)(3).) We affirmed the order on appeal. (People v. Edwards (Jan. 12, 2015, B258918) [nonpub. opn.].) On September 25, 2015, defendant filed the present section 1170.18, subdivision (a) resentencing petition. On October 14, 2015, the trial court denied the petition. The court found defendant’s felon in possession and evading convictions did not qualify under section 1170.18, subdivisions (a) or (f). Defendant appeals from the denial order. We appointed counsel to represent defendant on appeal. After examining the record, appointed appellate counsel filed an “Opening Brief” in which no issues were raised. Instead, appointed appellate counsel requested that this court independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.) On March 11, 2016, we advised defendant that he had 30 days within which to personally submit any contentions or arguments he wished us to consider.