People v. Taylor CA2/5

INTRODUCTION

Defendant and appellant Farmontae Taylor (defendant) appealed the trial court’s denial of his petition for recall of sentence made pursuant to Penal Code section 1170.126.1 On appeal, appointed counsel for defendant filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting that this court conduct an independent review of the record to determine if there are any issues which if resolved in defendant’s favor would require reversal or modification of the judgment. On July 3, 2013, we gave notice to defendant that his counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant did not file a response brief or letter. After independently reviewing the record, we affirm the judgment.

BACKGROUND

Defendant filed a petition for recall of sentence pursuant to section 1170.126, stating that he was serving a third-strike sentence of 25 years to life, imposed for his 2003 conviction of robbery in violation of section 211, enhanced by a 10-year determinate term imposed for two prior robbery…