Filed 10/20/17 P. v. Harrelson CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE,
Plaintiff and Respondent,
v.
JOHN ANTHONY HARRELSON,
Defendant and Appellant.
| D072163
(Super. Ct. No. SCN325418) |
APPEAL from a judgment of the Superior Court of San Diego County, Robert J. Kearney, Judge. Affirmed.
Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In 2015, a jury convicted John Anthony Harrelson of kidnapping (Pen. Code,[1] §§ 207, subd. (a), 208, subd. (b)); count 1) and carjacking (§ 215, subd. (a); count 2). Harrelson admitted a serious/violent felony prior conviction (§ 667, subds. (b)-(i)), two prison priors (§ 667.5, subd. (b)), a serious felony prior conviction (§ 667, subd. (a)(1)) and an on-bail enhancement. The court sentenced Harrelson to 21 years in prison as follows: 16 years for kidnapping plus five years. The court struck the on-bail enhancement and the remaining prison prior. The sentence on count 2 was stayed.
In September 2016, this court reversed the kidnapping conviction and remanded the case to the trial court.[2]
In April 2017, the trial court dismissed the kidnapping count and resentenced Harrelson. The court imposed 10 years for the carjacking count, plus five years for the serious felony prior, two years for the on-bail enhancement and one year for a prison prior. The total sentence imposed was 18 years in prison. Harrelson has filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating she has not been able to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Harrelson the opportunity to file his own brief on appeal, but he has not responded.
FACTS
The facts of the offenses in this case are set forth in our prior opinion. Suffice for this appeal to note that Harrelson jumped into a car which had been left with the motor running. There was a 13-year-old girl in the backseat. Harrelson drove away with the girl in the car, but stopped 242 feet away and let the girl out of the car. He then drove off with the car.
DISCUSSION
As we have stated above, appellate counsel has not been able to identify any issue for reversal on appeal and has asked this court to review the record for error. In order to assist this court in our review, and to comply with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible, but not arguable issues:
1. Whether the trial court properly sentenced for the prison prior and on-bail enhancement which the court struck at the original sentencing;
2. Whether the trial court imposed a harsher punishment on resentencing; and
3. Whether the custody credits were sufficiently updated.
We have reviewed the entire record as required by Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738. We have not identified any arguable issue for reversal on appeal. Competent counsel has represented Harrelson on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
NARES, J.
O'ROURKE, J.
