People v. Heredia CA4/2

INTRODUCTION

Defendant and appellant Joseph Anthony Heredia appeals the trial court’s order

following a full resentencing hearing pursuant to Penal Code1 section 1172.75. After

conducting an independent review of the record pursuant to People v. Wende (1979)

Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), we affirm

with directions.

PROCEDURAL BACKGROUND

On September 7, 2011, a jury found defendant guilty of arson (§ 451, subd. (b),

count 2), and making criminal threats (§ 422, counts 5 & 6).2 In a bifurcated proceeding,

defendant admitted that he had suffered four prior prison terms (§ 667.5, subd. (b)), one

prior serious felony conviction (§ 667, subd. (a)), and one prior strike conviction

(§§ 1170.12, subd. (c)(1), 667, subd. (c), (e)(1)).

On December 2, 2011, the court sentenced defendant to a term of 25 years four

months, consisting of the upper term of eight years on count 2, doubled pursuant to the

prior strike conviction, or 16 years, one-third the midterm, doubled, or one year four

months on count 5, five years on the serious prior conviction (§ 667, subd. (a)), and three

years on three of the four prior prisons.3 The court…