People v. Shell CA4/1

STATEMENT OF FACTS

There are no relevant facts to discuss in this appeal.

DISCUSSION

Shell has filed several briefs and materials with the court following our invitation

to file his own brief. Shell essentially contends his original sentence in 1997 was flawed

because several of his strike priors were not convictions incurred by him. Rather he

contends some of those prior convictions were suffered by someone else. Thus, he

claims he is entitled to have his sentence recalled and that appellate counsel is ineffective

for failing to raise the alleged 1997 sentencing error on this appeal.

Shell's 1997 convictions and true findings on prior convictions are long since final.

The validity of those earlier court decisions were not before the trial court on the motion

to recall the sentence and are not properly before this court. Rather Shell's remedy, if

any, for alleged errors which are not part of the record in the instant case is by way of

2 petition for writ of habeas corpus filed in the trial court. (People v. Mendoza Tello (1997)

15 Cal.4th 264, 266-267.) Thus, we find no arguable appellate issues have been

presented by the materials filed by Shell.

As we…