P. v. Melger CA3
In 2016, defendant Thomas Joseph Melger pleaded no contest to identity theft (Pen. Code, § 530.5, subd. (a)) and admitted a strike (§§ 1170.12, 667, subd. (b)) and a prior prison term (§ 667.5, subd. (b)). (People v. Melger (Jan. 24, 2017, C082751) [nonpub. opn.] at p. 1.) He was sentenced to a stipulated state prison term of three years eight months. (Id. at p. 2.) Defendant filed numerous appeals from his conviction in that case.
On October 31, 2016, while his appeals were pending, defendant filed a combined section 1170.18 petition for “de novo review” and a Code of Civil Procedure section 107.1 motion to disqualify the trial court for bias. The trial court denied the motions, finding the disqualification motion was untimely and the matter was currently pending on appeal in this court.
Defendant appeals. Appointed counsel filed an opening brief asking us to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) for any arguable issues.
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