Opinion
E064365
02-16-2016
THE PEOPLE, Plaintiff and Respondent, v. EDWARD NOLAN COWARD, Defendant and Appellant.
Richard Power, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RIF1310003) OPINION APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. Affirmed. Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant, Edward Nolan Coward, filed a petition for resentencing pursuant to Penal Code sections 1170.126 and 1170.18, which the court denied. After defendant filed a notice of appeal, this court appointed counsel to represent him. 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 one potentially arguable issue: whether the court erred in denying defendant's petition. We affirm.
All further statutory references are to the Penal Code unless otherwise indicated. --------
I. PROCEDURAL HISTORY
On September 6, 2013, the People charged defendant by felony complaint with evading a police officer (count 1; Veh. Code, § 2800.2), first degree burglary (count 2; Pen. Code, § 459), resisting an officer (count 3; Pen. Code, § 69), assault with a deadly weapon on a police officer (count 4; Pen. Code, § 245, subd. (c)), malicious interference with a police animal (count 5; Pen. Code, § 600, subd. (a)), driving under the influence (Veh. Code, § 23152, subd. (a)), and possession of drug paraphernalia (Health & Saf. Code, § 11364.1). The People additionally alleged defendant had suffered two prior prison terms (Pen. Code, § 667.5, subd. (b)), a prior serious felony conviction (Pen. Code, § 667, subd. (a)), and a prior strike conviction (Pen. Code, §§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)).
On May 1, 2014, pursuant to a plea agreement, defendant pled guilty to counts 1, 3, and 4 and admitted the prior strike conviction allegation. In return, defendant was sentenced to the low term of three years, doubled pursuant to the strike prior, on count 4, with concurrent sentences on counts 1 and 3, for a total period of six years' incarceration. The remaining charges and allegations were dismissed.
On February 19, 2015, defendant filed a petition for resentencing pursuant to sections 1170.126 and 1170.18. That same day, the court denied the petition noting that "[t]he crimes the defendant was convicted of are not affected by either" sections 1170.126 or 1170.18. On April 15, 2015, defendant filed a request for reconsideration. The court denied the request the same day.
On August 19, 2015, defendant filed another request for reconsideration. The same day, the court denied the request noting that "defendant does not qualify for" relief pursuant to section 1170.18 because his conviction for assault on a police officer "is not a qualifying felony."
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
J. We concur: RAMIREZ
P. J. MILLER
J.