People v. Flores CA5

INTRODUCTION

In 2006, appellant and defendant James Quincy Flores (appellant) was sentenced to the third strike term of 25 years to life plus one year for a prior prison term enhancement (Pen. Code,1 § 667.5, subd. (b)). In 2023, the trial court received notice from the Department of Corrections and Rehabilitation (CDCR) of appellant’s potential eligibility to have his sentence recalled pursuant to section 1172.75 to strike the prior prison term enhancement. The court held appellant was ineligible for relief because the prior prison term enhancement was based on his conviction of a sexually violent offense. On appeal from the denial of resentencing, appellant’s counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436; People v. Delgadillo (2022) 14 Cal.5th 216.) Appellant has not filed a supplemental brief. We affirm.

PROCEDURAL BACKGROUND

On April 3, 2006, a second amended information was filed in Fresno County Superior Court charging appellant with count 1, carrying a concealed dirk or dagger (former § 12020, subd. (a)(4)); count 2, possession…