Wortham

Filed 10/24/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A138769

v. FREDDIE WORTHAM, (Alameda County Super. Ct. No. 137640) Defendant and Appellant.

Defendant Freddie Wortham appealed from an order denying his petition to recall his sentence under the Three Strikes Reform Act of 2012, added by Proposition 36 (the Reform Act). (Pen. Code, § 1170.126.)1 His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) We first address whether the trial court’s order is appealable—an issue that is currently under review by our Supreme Court—and hold that it is. We then conclude, after having independently reviewed the record, that there are no arguable appellate issues. Accordingly, we affirm. A jury convicted Wortham in 2000 of first degree burglary (§ 459), the trial court sentenced him under the Three Strikes law to an indeterminate sentence based on his admitted five prior felony convictions, and this court affirmed the judgment…