P. v. Mitchell CA2/6
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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE,
Plaintiff and Respondent,
v.
MOSE MITCHELL, JR.,
Defendant and Appellant.
2d Crim. No. B278702
(Super. Ct. No. BA381690)
(Los Angeles County)
Mose Mitchell, Jr., appeals a judgment following the trial court’s denial of his petition for recall of sentence. (Pen. Code, § 1170.18, subd. (a).) We affirm.
In October 2011, Mitchell pled guilty to one count of assault with force likely to cause great bodily injury (§ 245, subd. (a)(1)) and one count of dissuading a witness (§ 136.1, subd. (c)). The trial court sentenced him to 23 years in state prison. In August 2016, Mitchell petitioned to have his sentence recalled pursuant to section 1170.18, subdivision (a). The trial court denied the petition, finding Mitchell ineligible for relief.
We appointed counsel to represent Mitchell in this appeal. After counsel’s examination of the record, he filed an opening brief that raised no arguable issues. On February 10, 2017, we advised Mitchell by mail that he had 30 days within which to submit any contentions or issues that he wished to raise on appeal. We have not received a response.
We have reviewed the entire record and are satisfied that Mitchell’s attorney fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
TANGEMAN, J.
We concur:
GILBERT, P. J.
PERREN, J.
Ronald H. Rose and Craig J. Mitchell, Judges
Superior Court County of Los Angeles
______________________________
Stephen C. Borgo, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
| Description | Mose Mitchell, Jr., appeals a judgment following the trial court’s denial of his petition for recall of sentence. (Pen. Code, § 1170.18, subd. (a).) We affirm. In October 2011, Mitchell pled guilty to one count of assault with force likely to cause great bodily injury (§ 245, subd. (a)(1)) and one count of dissuading a witness (§ 136.1, subd. (c)). The trial court sentenced him to 23 years in state prison. In August 2016, Mitchell petitioned to have his sentence recalled pursuant to section 1170.18, subdivision (a). The trial court denied the petition, finding Mitchell ineligible for relief. |
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