Filed 12/6/18 P. v. Cole CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. Jonathan B. Conklin, Judge.

Kendall Dawson Wasley, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

Appellant Acie Cole, Jr., appeals from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1170.18. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On September 28, 1994, Cole was convicted by plea of attempted possession for sale of cocaine (Pen. Code, § 664/Health & Saf. Code, § 11351), a felony.

On November 7, 2017, Cole filed a petition to have this conviction reduced to a misdemeanor.

On February 28, 2018, the court found Cole was statutorily ineligible for relief and denied his petition.

On March 6, 2018, Cole filed a timely appeal.

Cole’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Cole has not responded to this court’s invitation to submit additional briefing.

Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.