P. v. Morgan
Filed 4/17/09 P. v. Morgan 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. LOREN MORGAN, Defendant and Appellant. | D053341 (Super. Ct. No. CR68986) |
APPEAL from a judgment of the Superior Court of San Diego County, Albert T. Harutunian III, Judge. Affirmed.
In 1984 Loren Morgan pleaded guilty to second degree murder (Pen. Code, 187).[1] The court sentenced him to 15 years to life in prison. He did not appeal, but over the years filed several unsuccessful habeas corpus petitions. In 2002 he filed a petition for writ of coram nobis. The trial court denied the petition and in 2004 this court dismissed Morgan's appeal from the denial order. In 2008 Morgan filed another petition for writ of coram nobis. It challenged the trial court's denial of the 2002 petition, arguing it was erroneously based on the one-year statute of limitations in 28 United States Code, section 2244(d). The trial court denied the 2008 petition. Morgan appeals. We affirm.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, he lists, as a possible but not arguable issue, whether the court erred by denying Morgan's petition for writ of coram nobis.
We granted Morgan permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Morgan has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
HALLER, J.
WE CONCUR:
BENKE, Acting P. J.
McINTYRE, J.
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[1] The record does not disclose the facts of the offense.
