People v. Guerra CA2/5

I. INTRODUCTION

Defendant, Pedro Orlando Guerra, appeals from a December 19, 2013 order denying his motion for recall of sentence pursuant to Penal Code section 1170.126.1 On November 1, 2004, a jury convicted defendant of attempted first degree residential burglary. (§§ 664, 459.) Defendant had sustained two prior serious felony convictions. On March 4, 2005, defendant was sentenced to 35 years to life pursuant to sections 667, subdivisions (a)(1) and (e)(2) and 1170.12, subdivision (c)(2). We affirm.

II. DISCUSSION

We appointed counsel to represent defendant on appeal. After examining the record, appointed appellate counsel filed an “Opening Brief” in which no issues were raised. Instead, appointed appellate counsel requested that this court independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.) On March 21, 2014, we advised defendant that he had 30 days within which to personally submit any contentions or arguments he wishes us to consider. We have examined the entire record and are satisfied appointed appellate counsel has fully complied with her responsibilities. The…