People v. Peart CA4/1

Filed 6/28/23 P. v. Peart CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081408

Plaintiff and Respondent,

v. (Super. Ct. No. SCD130683)

ANDRE PEART,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Affirmed. Andre Peart, in pro. per.; and Mary Woodward Wells, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 1997, Andre Peart pleaded guilty to possession of a firearm by a

felon (Pen. Code,1 § 12021, subd. (a)(1); count 1); unlawful taking of a vehicle (Veh. Code, § 10851; count 2); and receiving stolen property (§ 496; count 3).

1 All further statutory references are to the Penal Code unless otherwise specified.

Peart admitted two prison priors (§ 667.5, subd. (b)) and two strike priors (§ 667, subds. (b)-(i)). The court sentenced Peart to a total term of 52 years to life based on the admission of two prior strikes. Peart appealed and this court affirmed the judgment in an unpublished opinion. (People v. Peart (Feb. 11, 1999, D031048).) In 2022, Peart petitioned for resentencing under Proposition 47 and Senate Bill No. 483. The court conducted a resentencing hearing. At the conclusion of the hearing, the court struck the two prison priors pursuant to section 1172.75. The court also found count 2 could no longer be sentenced as a third strike offense. The court denied the motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court reduced the sentenced to 25 years to life for count 1 plus four years for count 2. Peart 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 independently review the record for error as mandated by Wende. We offered Peart the opportunity to file his own brief on appeal. Peart has responded by filing a supplemental brief. We will discuss his submission later in this opinion. This appeal does not raise any issues about the facts of the offenses to which Peart has pleaded guilty. Accordingly, we will omit a statement of facts. DISCUSSION As we have noted, appellate counsel has filed a Wende brief and asks the court to independently review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738