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People v. Medley

California Court of Appeals, Fourth District, Second Division
Sep 16, 2008
No. E045521 (Cal. Ct. App. Sep. 16, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County No. RIF081591, Christian F. Thierbach, Judge.

James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

RAMIREZ, P.J.

Statement of the Case

On February 19, 2008, defendant was returned from federal court to Riverside County Superior Court for further sentencing proceedings. Defendant requested that the court continue the matter for two weeks so he could have family visit with him. This request was denied. The district attorney announced it would not be seeking a new trial on the Penal Code section 12022053, subdivision (c) enhancement and the previous sentence was ordered vacated. The enhancement was stricken from defendant’s sentence pursuant to section 1385 and the trial court ordered that the previously imposed sentence of 25 years to life remain in full force and effect.

All further statutory references are to the Penal Code unless otherwise indicated.

Defendant filed a timely notice of appeal on March 28, 2008.

Statement of facts

This appeal is based on the sentence or other matters occurring after the conviction and is authorized by section 1237.

Defendant appealed, and upon his request 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 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

We concur: McKINSTER, J., MILLER, J.


Summaries of

People v. Medley

California Court of Appeals, Fourth District, Second Division
Sep 16, 2008
No. E045521 (Cal. Ct. App. Sep. 16, 2008)
Case details for

People v. Medley

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. THEODORE BEECH MEDLEY, Defendant…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Sep 16, 2008

Citations

No. E045521 (Cal. Ct. App. Sep. 16, 2008)