People v. Gonzalez

Full title: THE PEOPLE, Plaintiff and Respondent, v. CARLOS ANTHONY GONZALEZ…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO

Date published: Oct 8, 2019

A157527 (Cal. Ct. App. Oct. 8, 2019)

Opinion

A157527

10-08-2019

THE PEOPLE, Plaintiff and Respondent, v. CARLOS ANTHONY GONZALEZ, Defendant and Appellant.

Richman, Acting P. J.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Lake County Super. Ct. No. CR950959-B)

Defendant Carlos Anthony Gonzalez appeals from an order denying his Proposition 47 petition for resentencing. (Pen. Code § 1170.18, subd. (a).) His appellate counsel has filed a brief in accordance with People v. Wende (1979) 25 Cal.3d 436, asking this court to independently examine the record to determine if there are any arguable issues that require briefing. Counsel declares that he wrote to defendant at his last known address, informing him he was filing a Wende brief and apprising him of his right to file a supplemental brief. Defendant has not done so.

We have conducted our examination, conclude there are no arguable issues requiring briefing, and we affirm.

BACKGROUND

On September 7, 2018, defendant pleaded no contest to one felony count of assault with a deadly weapon (Pen. Code § 245, subd. (a)(1)). According to the presentence report prepared by the probation department in advance of sentencing, defendant stabbed Eric Wing during an altercation at a gas station in Nice, California. On October 1, the trial court imposed the negotiated state prison term of four years.

On April 4, 2019, defendant filed a petition in propria persona seeking resentencing under Proposition 47, contending his assault conviction should be reduced to a misdemeanor. By order of April 8, the trial court denied the petition, explaining: "The defendant was not convicted of an offense described in Penal Code, [section] 1170.18(a)." On April 22, defendant filed a timely appeal, challenging the denial, contending the trial court's ruling violated his due process and equal protection rights.

We have carefully reviewed the entire record in accordance with our Wende obligations, and conclude there are no arguable issues on appeal.

The order is affirmed.

/s/_________

Richman, Acting P. J. We concur: /s/_________
Stewart, J. /s/_________
Miller, J.