People v. Thompson CA4/1

Filed 7/14/22 P. v. Thompson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D079336

Plaintiff and Respondent,

v. (Super. Ct. No. JCF12948)

TRAVIS RAY THOMPSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Imperial County, Poli Flores, Jr., Judge. Affirmed. Travis Ray Thompson, in pro. per.; and Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2003, Travis Ray Thompson was an inmate in a state prison in

Imperial County. He was convicted of assault by a prisoner (Pen. Code,1 § 4501) and possession of a weapon by a prisoner (§ 4502, subd. (a)).

1 All further statutory references are to the Penal Code.

In a separate case, Thompson was convicted of assault with a deadly weapon (§ 245, subd. (a)(1)). There were true findings on one serious felony prior conviction (§ 667, subd. (a)) and two strike priors (§ 667,subds. (b)-(i)). Thompson was sentenced to 25 years to life plus five years in prison. Thompson appealed his convictions, and this court affirmed the convictions in two unpublished opinions. (People v. Thompson (Jan. 26, 2005, D042750); People v. Thompson (Aug. 12, 2005, D044829).)

In 2020, Thompson filed a motion for resentencing and for a Franklin2 hearing. The trial court appointed counsel and later granted Thompson’s request for self-representation. The court appointed advisory-counsel to assist Thompson. After hearings on the motion, the trial court denied the motion for resentencing. Thompson 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 Thompson the opportunity to file his own brief on appeal. Thompson has responded by