Opinion
E072884
10-04-2019
THE PEOPLE, Plaintiff and Respondent, v. JOSE ALCALA, Defendant and Appellant.
Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. RIF1408033) OPINION APPEAL from the Superior Court of Riverside County. David A. Gunn, Judge. Affirmed. Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant, Jose Alcala, filed a petition for resentencing pursuant to Penal Code section 1170.18, which the court denied. After defendant filed a notice of appeal, this court appointed counsel to represent him.
All further statutory references are to the Penal Code unless otherwise indicated.
Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and identifying two potentially arguable issues: (1) whether defendant's conviction for attempted murder made him ineligible for relief pursuant to section 1170.18; and (2) whether the court abused its discretion by denying his petition. We affirm.
I. PROCEDURAL BACKGROUND
The People charged defendant by felony complaint with felony possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a); count 1.) The People additionally alleged defendant had suffered a prior prison term (Pen. Code, § 667.5, subd. (b)) and two prior strike convictions (Pen. Code, §§ 667, subs. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)).
On August 6, 2014, defendant pled guilty to possession of methamphetamine and admitted suffering a prior prison term for attempted murder. (§§ 667, 187.) Pursuant to the plea agreement, the court sentenced defendant to an aggregate term of imprisonment of seven years.
On February 20, 2018, defendant filed a petition for resentencing of his possession of methamphetamine conviction. The People's response, dated March 28, 2018, requested a hearing be set to determine whether defendant posed an unreasonable risk of danger to public safety should he be resentenced. The court appointed counsel for defendant and set a hearing to determine whether defendant posed an unreasonable risk of danger to public safety should he be resentenced.
At the hearing on August 2, 2018, the People requested that the court take judicial notice of case No. SWF018726, in which defendant had suffered the conviction for attempted murder, a super strike offense. The court granted the request. The People additionally filed a certified copy of defendant's "rap sheet"; the "rap sheet" reflects defendant had suffered numerous convictions, including a conviction for assault with a deadly weapon with force likely to inflict great bodily injury. The court denied defendant's petition finding he was "not eligible for relief because he did sustain the super strike [conviction]."
The record of the case is not included in the record in this case. --------
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J. We concur: MILLER
J. SLOUGH
J.