People v. Dehne

Full title: THE PEOPLE, Plaintiff and Respondent, v. WESLEY DEHNE, Defendant and…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Jan 28, 2014

B250590 (Cal. Ct. App. Jan. 28, 2014)

Opinion

B250590

01-28-2014

THE PEOPLE, Plaintiff and Respondent, v. WESLEY DEHNE, Defendant and Appellant.

California Appellate Project, Jonathan B. Steiner, Executive director, and James A. Uyeda, Staff Attorney, under appointments by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

KRIEGLER

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct.

No. LA019973)

APPEAL from a judgment of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed.

California Appellate Project, Jonathan B. Steiner, Executive director, and James A. Uyeda, Staff Attorney, under appointments by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Wesley Dehne, a state prison inmate serving a sentence of 325 years to life under the three strikes law, filed a petition to recall his sentence pursuant to Penal Code section 1170.126.¹ The superior court denied the petition on the basis that Dehne's current convictions—11 counts of second degree robbery—are violent felonies as defined in section 667.5, subdivision (c)(9), rendering Dehne ineligible for resentencing under section 1170.126. Dehne filed a notice of appeal from the decision denying the petition to recall the sentence.

1 All statutory references are to the Penal Code.

This court appointed counsel to represent Dehne on appeal from the order. On November 20, 2013, appointed counsel filed a brief raising no issues, asking this court to independently review the record for arguable appellate contentions under People v. Wende (1979) 25 Cal.3d 436. Dehne was advised by letter on November 21, 2013, of his right to file a supplemental brief within 30 days. The 30-day period to respond has lapsed, and no supplemental brief has been filed by Dehne.

We have completed our independent review of the record. Our review reveals no arguable contentions on appeal. Dehne is statutorily ineligible for relief under section 1170.126, subdivision (b), because his current convictions are violent felonies as defined in section 667.5, subdivision (c)(9). The order denying the petition is affirmed. (Smith v. Robbins (2000) 528 U.S. 259.)

KRIEGLER, J. We concur:

TURNER, P. J.

MINK, J.^*

* Retired judge of the Los Angeles County Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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