P. v. Morgan
Kenneth Morgan filed a petition for a recall of his sentence in the trial court, pursuant to Penal Code section 1170.126.[1] Section 1170.126, subdivision (b) provides that a person serving an indeterminate term of life imprisonment under the "Three Strikes" law for a conviction based on "a felony or felonies that are not defined as serious and/or violent felonies . . . may file a petition for a recall of sentence . . . ."
The trial court denied the petition on the ground that Morgan had suffered a conviction for rape in concert with force and violence (§ 264.1), and thus was not eligible for resentencing pursuant to section 1170.126, subdivision (e)(3).[2]
Appointed appellate counsel filed a brief presenting no argument for reversal, but inviting this court to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). Morgan filed a supplemental brief seeking reversal. After having independently reviewed the entire record for error as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
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