People v. Edwards CA2/5

I. INTRODUCTION

Defendant, Christopher Edwards, appeals from a January 29, 2014 order denying his petition for recall of sentence pursuant to Penal Code section 1170.126.1 On November 25, 1996, a jury convicted defendant of first degree residential burglary. (§ 459.) Defendant had sustained two prior serious felony convictions. On, January 31, 1997, defendant was sentenced to 40 years to life pursuant to sections 667, subdivisions (a)(1) and (e)(2) and 1170.12, subdivision (c)(2). We affirm the order.

II. DISCUSSION

We previously affirmed defendant’s conviction. (People v. Edwards (Dec. 9, 1997, B110084) [nonpub. opn.].) We appointed counsel to represent defendant on this 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, 441-442. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.) On May 13, 2014, we advised defendant that he had 30 days within which to personally submit any contentions or arguments he wishes us to consider. No response has been…