Opinion
E073490
02-05-2020
THE PEOPLE, Plaintiff and Respondent, v. BRIAN JAY CRONIN, Defendant and Appellant.
Jan B. Norman, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RIF1704718) OPINION APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. Affirmed. Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Brian Jay Cronin pled guilty to possession of methamphetamine by a person required to register as a sex offender. Pursuant to the plea agreement, the court sentenced defendant to the midterm of two years' imprisonment, execution of which the court suspended. The court then placed defendant on three years' probation. The court later terminated defendant's probation and imposed the suspended sentence. Defendant filed a petition for resentencing, which the court denied.
After defendant filed a notice of appeal and counsel from Appellate Defenders, Inc., filed an amended 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 abused its discretion in denying defendant's petition for resentencing. We affirm.
I. PROCEDURAL BACKGROUND
The People charged defendant by information with possession of methamphetamine by a person required to register as a sex offender (Health & Saf. Code, § 11377, subd. (a), count 1), possession of drug paraphernalia (Health & Saf. Code, § 11364, count 2), and displaying a license plate not issued to his vehicle (Veh. Code, § 4462.5, count 3). The People additionally alleged defendant had served two prior prison terms (Pen. Code, § 667.5, subd. (b)) and had suffered a prior strike conviction (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)).
On September 9, 2018, pursuant to a plea agreement, defendant pled guilty to count 1. In return, the court dismissed the remaining counts and allegations, as well as two additional misdemeanor cases upon the People's motion. The court then sentenced defendant to the midterm of two years' imprisonment, execution of which the court suspended, placing defendant on three years' probation.
In March 2019, the court terminated defendant's probation and imposed the suspended two-year term of imprisonment.
On May 10, 2019, defendant filed a petition for resentencing pursuant to Penal Code section 1170.18. The People filed a response alleging defendant was not entitled to the relief requested due to his conviction for an offense requiring sex offender registration. The court denied the petition finding defendant ineligible for relief due to his status as a sex offender registrant. (Pen. Code, § 290.)
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. (Health & Saf. Code, § 11377, subd. (a) [A "person may . . . be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense . . . requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code."].)
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J. We concur: MILLER
J. CODRINGTON
J.