P. v. Jenkins
Filed 7/11/13 P. v. Jenkins CA2/5
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
PHILIP JENKINS,
Defendant and Appellant.
B247487
(Los Angeles
County
Super. Ct.
No. BA139175)
APPEAL from
an order of the Superior Court of the County
of Los
Angeles, William C. Ryan, Judge. Affirmed.
California
Appellate Project, Jonathan B. Steiner, Executive Director and, Larry Pizarro
for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
>
Defendant and appellant Philip Jenkins
(defendant) appealed the trial court’s denial of his petition for recall of
sentence made pursuant to Penal Code section 1170.126.
filed an opening brief in accordance
with People v. Wende (1979) 25 Cal.3d
436 requesting that this court conduct an independent review of the record to
determine if there are any issues which if resolved in defendant’s favor would
require reversal or modification of the judgment. On May
17, 2013, we gave notice to defendant that his counsel had failed
to find any arguable issues and that defendant had 30 days within which to
submit by brief or letter any grounds of appeal, contentions, or arguments he
wished this court to consider. Defendant
did not file a response brief or letter.
After independently reviewing the record, we affirm the judgment.
BACKGROUND
Defendant filed a petition for
recall of sentence pursuant to section1170.126, stating that he was serving a
third-strike sentence of 25-life, imposed for his 1997 conviction for being a
felon in possession of a gun, a violation of section 12021, subdivision
(a)(1). He was previously convicted of
attempted murder (§§ 664, 187, subd. (a)), second degree robbery (§ 211) and
assault with a firearm (§ 245, subd. (c)).
The trial court denied the motion because defendant’s prior conviction
of attempted murder came within section 667, subdivision (e)(2)(C)(iv),
rendering defendant ineligible for section 1170.126 relief.
DISCUSSION
We have
made an independent examination of the entire record to determine if there are
any other arguable issues on
appeal. Based on that review, we have
determined that there are no arguable issues on appeal. We are therefore satisfied that defendant’s
counsel has fully complied with counsel’s responsibilities under
v. Wende, supra, 25 Cal.3d
436.
DISPOSITION
We affirm
the order.
NOT TO BE
PUBLISHED IN THE OFFICIAL REPORTS.
MOSK,
J.
We concur:
TURNER,
P. J.
KRIEGLER,
J.
name="_ftn1" title="">[1] All
statutory citations are to the Penal Code unless otherwise noted.
