People v. Guiher CA4/1

DISCUSSION

As we noted, appellate counsel filed a Wende brief asking us to independently review the record for error. To assist this court in its review of the record, and in compliance with Anders, counsel identified a possible issue that counsel considered in evaluating the potential merits of this appeal: specifically, whether pursuant to the terms of Guiher’s plea agreement, the trial court erred in imposing a 16-year prison sentence. We have exercised our discretion to independently review the record and have found no potentially meritorious issues warranting reversal on appeal. In his supplemental brief, Guiher argues the sentencing judge failed to consider the evidence he presented of mitigating factors. In particular, he states that he provided proof that he obtained anger management treatment, participated in Narcotics Anonymous, took medication for his mental health issue, lived in sober living, and took his mental health issues seriously. He further objects to being sentenced to the upper term when all but one count was dismissed and to being sentenced to an additional term based on a crime

he committed more than 10 years ago when he was 18 years old.2 We have…