People v. Moreno CA2/5

INTRODUCTION

Defendant and appellant Manuel Rosas Moreno (defendant) appeals1 from the denial of his petition for recall of sentence made pursuant to Penal Code section 1170.126.2 The trial court denied defendant’s petition because he was convicted of first degree burglary, a serious felony, making him ineligible for resentencing pursuant to section 1170.126. On appeal, appointed counsel for defendant filed an opening brief in accordance with People v. Wende, supra, 25 Cal.3d 436 requesting that this court conduct an independent review of the record to determine if there are any issues which if resolved in defendant’s favor would require reversal or modification of the judgment or appealable order. On March 27, 2014, we gave notice to defendant that his counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant filed a supplemental brief in which he contends that the “facts and circumstances” underlying his first degree burglary conviction does not justify his sentence of an indeterminate term of 40 years to life under sections…