People v. Kendrick CA5

INTRODUCTION

In 2007, defendant John Findley Kendrick II was charged with possession of a weapon in state prison (Pen. Code,1§ 4502, subd. (a)) and it was alleged that defendant had suffered seven prior strike convictions. Defendant pleaded guilty to the felony charge in 2008 and admitted the prior strike allegations. The court granted the defense’s motion to strike six of his seven prior strike convictions and it sentenced defendant to eight years (the upper term of four years doubled to eight years). In 2024, the trial court received defendant’s petition to vacate an unauthorized sentence in which he asserted his 2008 sentence was unauthorized because he did not agree to a second strike sentence as part of the plea. The trial court summarily denied the petition finding defendant was “not eligible for [the] relief requested.” Defendant appeals from the court’s order denying relief. His counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Our court sent defendant a letter notifying him counsel found no arguable issues, he had 30 days to file a supplemental letter or brief raising any arguable…