The People v. Santos CA4/1

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings in the trial court. Counsel presented no argument for reversal but invited this

All further statutory references are to the Penal Code. 2 court to review the record for error in accordance with Wende, supra, 25 Cal.3d 436.

Pursuant to Anders, supra, 386 U.S. 738, counsel identified as a possible but not arguable

issue: Is petitioner entitled to resentencing pursuant to section 1170.126?

After we received counsel's brief, we gave Santos an opportunity to file a

supplemental brief, which he filed on August 23, 2013. Santos raised four arguments that

do not pertain to the petition to recall his sentence under section 1170.126, and thus are

not within the scope of an appeal from the ruling on that petition. Specifically, Santos

argues (1) his sentence was based on facts the jury did not find beyond a reasonable

doubt; (2) the length of his sentence constitutes cruel and unusual punishment; (3) his

constitutional rights were violated in that his sentence was enhanced based on a prior plea

agreement or contract; and (4) his sentence violated the ex post facto…