Opinion
E073625
02-05-2020
THE PEOPLE, Plaintiff and Respondent, v. STANLEY ALLISON, JR., Defendant and Appellant.
Christine Vento, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RIF1310014) OPINION APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge. Affirmed. Christine Vento, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
In October 2015, defendant and appellant, Stanley Allison, Jr., pled guilty to carrying a concealed firearm and was sentenced to the midterm of two years' imprisonment. In August 2019, defendant filed a petition for resentencing, which the trial court denied.
After defense counsel 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 one potentially arguable issue: whether the court erred in denying defendant's petition. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On September 6, 2013, the People filed a felony complaint charging defendant with carrying a concealed firearm (Pen. Code, § 25400, subd. (a)(2), count 1) and carrying a concealed firearm as an active participant in a criminal street gang (§ 25400, subd. (c)(3), count 2). On October 23, 2015, defendant pled guilty to count 1. Pursuant to the plea agreement, the court sentenced defendant to the midterm of two years' imprisonment to run concurrent to his sentence in case No. SWF1303718. Count 2 was dismissed in the interest of justice. (§ 1385.)
All further statutory references are to the Penal Code unless otherwise indicated.
Case No. SWF1303718 appears to be a murder case, where defendant was sentenced to 31 years in state prison. --------
On August 14, 2019, defendant filed a petition for resentencing pursuant to section 1170.95. At the hearing on the petition on August 30, 2019, the People noted, "this is not even a homicide case. It's some weapon violations."
The court inquired of defense counsel whether there were any murder charges in the case. Defense counsel responded, "[T]he first two charges listed on the calendar are not homicide." The court asked the clerk if there were any homicide charges in the case. The clerk responded, "No, your Honor." The court summarily denied the motion.
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. CODRINGTON
J.