People v. Bozeman CA4/1

DISCUSSION

There are no relevant facts to discuss in this appeal. Appellate counsel presents no

argument for reversal of the trial court's order, but asks this court to review the record for

error as mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v.

California (1967) 386 U.S. 738 (Anders), raising the possible but not arguable appellate

issue of whether the court erred in determining that Bozeman did not qualify for recall of

his sentence under section 1170.126. Counsel concedes Bozeman "does have prior

convictions for offenses listed in the exclusionary clause of section 1170.126, subdivision

(e)(3)." We offered Bozeman the opportunity to file his own brief on appeal and he has

done so.

We have reviewed the entire record in accordance with Wende, supra, 25

Cal.3d 436 and Anders, supra, 386 U.S. 738, and have not found any arguable appellate

issue. Competent counsel has represented Bozeman on this appeal.

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DISPOSITION

The order denying Bozeman's petition to recall his sentence is affirmed.

O'ROURKE, J.

WE CONCUR:

HALLER, Acting P. J.

McINTYRE, J.

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