People v. Martinez CA4/1

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. Counsel presents no argument for reversal but asks that this court

review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436.

Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to two possible but

not arguable issues: (1) whether the court erred in concluding appellant did not qualify

for recall of sentence and resentencing under the Act, and (2) whether appointed counsel

In his motion, appellant states he was committing an automobile burglary when the owner approached and attacked him. According to appellant, he defended himself and maintained the owner was not injured in the ensuing "fist fight." Although this is the only information in the record concerning the incident underlying his convictions, it is inconsistent with the jury's guilty verdicts and the great bodily injury and personal use of a deadly weapon findings. Appellant filed a prior appeal in this case: D034261. That appeal, which related solely to a sentencing issue, does not include a statement of facts concerning the underlying crimes. 3 was ineffective…