Opinion
D081745
08-21-2023
THE PEOPLE, Plaintiff and Respondent, v. MARLON BEASON, Defendant and Appellant.
Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of San Diego County No. SCD150101, Maureen F. Hallahan, Judge. Affirmed.
Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
HUFFMAN, ACTING P. J.
In 2000, Marlon Beason pleaded guilty to grand theft (Pen. Code, § 487, subd. (b)(1)). In February 2023, Beason filed a petition to reclassify the offense to a misdemeanor pursuant to section 1170.18, subdivisions (f)-(i).
All further statutory references are to the Penal Code.
The court summarily denied the petition finding Beason was not eligible for resentencing. The court noted Beason filed the petition after November 4, 2022, Beason was serving a life sentence in another case, and there were no counts eligible for resentencing.
Beason filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to independently review the record for error as mandated by Wende. We offered Beason the opportunity to file his own brief on appeal, but he has not responded.
The facts of the underlying offense are not relevant to the resolution of this appeal. We will omit the traditional statement of facts.
DISCUSSION
As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review of the record, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: Whether Beason is entitled to have his grand theft conviction reduced to a misdemeanor.
We have reviewed the record for error as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Beason on this appeal.
DISPOSITION
The order denying Beason's petition for resentencing under section 1170.18 is affirmed.
WE CONCUR: KELETY, J., CASTILLO, J.