People v. Lea CA3

Filed 9/24/21 P. v. Lea CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C093371

Plaintiff and Respondent, (Super. Ct. No. 19F1630)

v.

LARRY WAYNE LEA,

Defendant and Appellant.

Defendant Larry Wayne Lea appeals the trial court’s denial of his petitions, filed after his judgment was final, to strike his one year prior prison term enhancement under Senate Bill No. 136 (2019-2020 Reg. Sess.) and reduce his conviction to a misdemeanor under Proposition 47, the Safe Neighborhoods and Schools Act (enacted by the electorate Nov. 4, 2014). Appointed counsel for defendant has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) BACKGROUND On September 3, 2019, defendant pled guilty to receiving a stolen vehicle and admitted he had a prior strike conviction and had served a prior prison term. In accordance with the plea agreement, the trial court sentenced him to the low term of 16 months, doubled for the strike, plus one year for the prior prison term, for an aggregate

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sentence of three years eight months. The court awarded credits and imposed various fines and fees. Defendant did not appeal the judgment and it became final on November 4, 2019. (Cal. Rules of Court, rule 8.308(a); People v. Alexander (2020) 45 Cal.App.5th 341, 344.) Defendant filed a petition to strike his one-year prior prison term enhancement pursuant to Senate Bill No. 136 on September 29, 2020. The trial court denied the petition. Defendant filed a second petition to strike the prior prison term enhancement on January 8, 2021.1 The trial court again denied the petition. Defendant filed a timely notice of appeal. Defendant also filed a petition for resentencing under Proposition 47, seeking to reduce his felony conviction to a misdemeanor on December 17, 2020. The trial court denied the petition. Defendant filed a timely notice of appeal. DISCUSSION We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d at p. 436.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief. Review pursuant to Wende or its federal constitutional counterpart, Anders v. California (1967) 386 U.S. 738 [18 L.Ed.2d 493], is required only in the first appeal of right from a criminal conviction. (Pennsylvania v. Finley (1987) 481 U.S. 551, 555 [95 L.Ed.2d 539, 545-546]; Conservatorship of Ben C. (2007) 40 Cal.4th 529, 536-537; People v. Serrano (2012) 211 Cal.App.4th 496, 499-501.)