Filed 7/17/17 P. v. Nelson 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



THE PEOPLE,

Plaintiff and Respondent,

v.

ERIC SCOTT NELSON,

Defendant and Appellant.


E065629

(Super.Ct.Nos. SWF1301983 &
SWF1302934)

OPINION


APPEAL from the Superior Court of Riverside County. Mark Mandio, Judge. Affirmed.
Eric Scott Nelson, in pro. per.; and Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Eric Scott Nelson appeals from the trial court judgment resentencing him to six years eight months in prison after this court reversed his conviction for dissuading a witness and remanded for resentencing. (People v. Nelson (2015) 240 Cal.App.488 (Nelson).) We affirm.
STATEMENT OF PROCEDURE
The People charged defendant with five counts related to allegations that he solicited an undercover officer to murder his wife. (Nelson, supra, 240 Cal.App.4th at p. 490.) Defendant pled guilty to carrying a concealed firearm (Pen. Code, § 25400, subd. (a)(2)), and a jury convicted him of solicitation to commit murder (§ 653f, subd. (b)), misdemeanor violating a protective order (§ 273.6, subd. (a)), and dissuading a witness (§ 136.1, subd. (a)(1)). (Nelson, at p. 490.) On April 24, 2014, the trial court sentenced defendant to a total of eight years in prison as follows: the midterm of six years for solicitation, plus two consecutive years for dissuading a witness, plus concurrent terms on the other counts. (Id. at p. 491.) Defendant appealed, and this court reversed the dissuading a witness count and remanded for resentencing. (Ibid.)
The court resentenced defendant on January 13, 2016, to a total sentence of six years eight months. The court dismissed the dissuading a witness count, and reimposed the six-year term for solicitation and the concurrent term for violating a protective order. In a departure from the original sentence of two years concurrent for the concealed firearm charge, the court imposed a consecutive term of one-third the midterm, or eight months.
This appeal followed.
DISCUSSION
Upon defendant’s request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the facts, a statement of the case, and identifying potentially arguable issues. We offered defendant an opportunity to file a personal supplemental brief, and he has done so. Defendant in his letter brief raises numerous ineffective assistance of counsel and other issues regarding his trial and first sentencing hearing, in case No. SWF1301983. However, he does not raise any issues with regard to his resentencing on remand, case No. SWF1302934, which is the subject of the current appeal.
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.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ
P. J.


We concur:

MILLER
J.

CODRINGTON
J.