People v. Fowler CA4/1

Filed 6/15/22 P. v. Fowler CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079972

Plaintiff and Respondent,

v. (Super. Ct. No. SCD166210)

CHARLES BENJAMIN FOWLER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Michael T. Smyth, Judge. Affirmed. Aaron J. Schechter, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2003, Charles Benjamin Fowler was convicted of 10 counts of second

degree robbery (Pen. Code,1 § 211) and one count of attempted second degree robbery (§§ 664 & 211). He was sentenced under the three strikes law to consecutive 25 years to life on counts 1-10 and 12, plus five years for a prior

1 All further statutory references are to the Penal Code.

serious felony conviction (§ 667, subd. (a)(1)) for an aggregate term of 280 years in prison. In 2021, Fowler filed a petition to reduce the conviction to misdemeanors and be resentenced pursuant to section 1170.18. The court denied the petition, finding none of the robbery or attempted robbery counts was eligible for resentencing under section 1170.18. Fowler filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Fowler the opportunity to