Opinion
D072452
02-20-2018
THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE LEONE, Defendant and Appellant.
Lindsey M. Ball, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCS273253) APPEAL from an order of the Superior Court of San Diego County, Garry G. Haehnle, Judge. Affirmed. Lindsey M. Ball, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Lawrence Leone appeals from an order of the superior court denying his request for recalculation of his release date. Leone's brief on appeal, filed by appointed appellate counsel, presents no argument for reversal, but invites this court to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). Leone did not respond to separate invitations from appellate counsel and from this court to file a supplemental brief. After independently reviewing the entire record for error as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In November 2015, Leone pleaded guilty to one count of the unlawful importation of a controlled substance, namely heroin (Health & Saf. Code, § 11352, subd. (a)), and admitted it was not for personal use (Pen. Code, § 1210, subd. (a)). In December 2015, the superior court sentenced Leone to the upper term of five years in local custody, to be served concurrently with a sentence from a Nevada case. The court awarded him a total of 261 days credit (131 days of actual custody and 130 days of credit under Pen. Code, § 4019) and imposed various fines and fees.
The record on appeal contains eight handwritten pages addressed to the trial court, some of which contain a signature of "Lawrence Leone" or "Leone." In June 2017, the superior court filed an order, denying what it characterized as Leone's "request for recalculation of release date." Leone timely appealed from this order in July 2017.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal and asks this court to review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, counsel has identified the following issues that "might arguably support the appeal" (id. at p. 744): (1) whether the trial court property denied Leone's request based on a lack of documentation to support the calculation of the release date by the California Department of Corrections and Rehabilitation (CDCR); and (2) regardless of any procedural basis for the denial of Leone's request, whether the CDCR correctly estimated Leone's future release date as February 4, 2018.
Leone's appellate counsel invited Leone to file a brief on his own behalf. After receiving the brief from appointed counsel on appeal, we granted Leone permission to file a brief on his own behalf. Leone has not responded.
Our review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues.
Leone has been adequately represented by counsel in this appeal.
DISPOSITION
The June 6, 2017 order denying Leone's request for recalculation of his release date is affirmed.
IRION, J. WE CONCUR: McCONNELL, P. J. O'ROURKE, J.