P. v. Hidalgo CA4/3

Filed 6/25/13 P. v. Hidalgo CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047998

v. (Super. Ct. No. 95CF0222)

JOSE RENE HIDALGO, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Craig E. Robison, Judge. Affirmed. John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Defendant Jose Rene Hidalgo appeals from the order denying his petition to recall his 35-year-to-life sentence pursuant to the procedures set forth under Penal Code section 1170.126, added by Proposition 36, the Three Strikes Reform Act of 2012. (All further statutory references are to the Penal Code unless otherwise specified.) We appointed counsel to represent Hidalgo on appeal. Appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting that we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed appellate counsel suggests we consider whether Hidalgo’s petition was properly denied. This court provided Hidalgo 30 days to file written argument on his own behalf. The 30-day time period has passed, and Hidalgo has not filed anything on his own behalf. We have examined the entire record and appointed appellate counsel’s Wende/Anders brief; we find no arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm. BACKGROUND In 1995, a jury found Hidalgo guilty of committing one count each of first degree residential burglary in violation of sections 459, 460, subdivision (a), and 461.1; petty theft with a prior conviction in violation of sections 666 and 484, subdivision (a) through 488; and unlawful driving or taking of a vehicle in violation of Vehicle Code section 10851, subdivision (a). The trial court found Hidalgo suffered three prior serious felonies within the meaning of section 667, subdivision (a)(1). The court imposed a total prison term of 90 years to life, by imposing a 25-year-to-life term for each of Hidalgo’s three offenses, plus a consecutive term of 15 years for prior conviction enhancements. A panel of this court affirmed Hidalgo’s judgment of conviction, but reversed the sentence and remanded the case for resentencing with directions that the trial court exercise its discretion in determining whether it should strike Hidalgo’s prior