People v. Ridge CA2/1

BACKGROUND

In 1997, defendant was convicted of possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) The trial court sentenced him to a third strike term of 25 years to life. On June 19, 2013, defendant filed a petition for recall of sentence pursuant to 1 Penal Code section 1170.126, alleging his commitment offense was not a serious or violent felony. The trial court denied the petition, explaining one of defendant’s prior convictions was for forcible rape (§ 261(2)), which is a disqualifying offense pursuant to section 667, subdivision (e)(2)(C)(iv)(I) and made defendant ineligible for resentencing pursuant to section 1170.126, subdivision (e)(3). Defendant filed a timely appeal and we appointed counsel to represent him. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. On May 29, 2014, we sent letters to defendant and appointed counsel, directing counsel to forward the appellate record to defendant and advising defendant that within 30 days he could personally submit any contentions or issues he wished us to…