Filed 4/27/22 P. v. Cooper CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Jeffrey Prevost, Judge. (Retired Judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

I. PROCEDURAL BACKGROUND[1]

A jury convicted defendant and appellant, Marquese Davion Cooper, of first degree residential burglary. (Pen. Code § 459, count 1.)[2] The court thereafter found true allegations that defendant had suffered three prior strike convictions (§§ 1170.12, subd. (c)(2), 667, subds. (c), (e)(2)(A)), three prior serious felony convictions (§ 667, subd. (a)), and two prior prison terms (§ 667.5, subd. (b)). The court sentenced defendant to a determinate term of 17 years in state prison on the prior conviction enhancements—three, consecutive, five-year terms on the serious felony conviction enhancements and one year each on the two prior prison term enhancements—plus an indeterminate term of 25 years to life under the three strikes law for the burglary conviction. (Cooper, supra, E070962.)

Defendant appealed. We remanded the matter for resentencing, directing the superior court to strike two of the fees it had imposed, to strike both of defendant’s one-year prior prison term enhancements (§ 667.5, subd. (b), as amend. by Stats. 2019, ch. 590, § 1, eff. Jan. 1, 2020), and to exercise its discretion whether to strike one or more of defendant’s five-year serious felony enhancements (§ 667, subd. (a)). (Cooper, supra, E070962.)

On remand, the court struck the prior prison term enhancements, struck all three of the prior serious felony enhancements, and struck both fees we determined it had improperly imposed. The court resentenced defendant to 25 years to life.

After defendant filed a notice of appeal, this court appointed counsel to represent defendant. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738, setting forth a statement of facts, a statement of the case, and identifying one potentially arguable issue: whether the court erred in resentencing defendant to a 25-year-to-life third strike sentence.

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.

III. DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER

J.

We concur:

RAMIREZ

P. J.

MENETREZ

J.

[1] On the court’s own motion, we take judicial notice of our prior nonpublished opinion in defendant’s appeal from the original judgment. (People v. Cooper (Jan. 22, 2020, E070962 [nonpub. opn.] (Cooper); Evid. Code, §§ 452, 459; Cal. Rules of Court, rule 8.1115(b).)

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