People v. Lee CA5

INTRODUCTION

Appellant/defendant Shannon Maurice Lee, a state prison inmate, filed a petition for resentencing under Penal Code1 section 1170.126 (Proposition 36). It was denied, and he filed a notice of appeal. His appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS

In November 2003, defendant was convicted of second degree robbery (§ 211), with two prior strike convictions (§ 667, subds. (b)–(i)). He was sentenced to a third strike term. On March 20, 2013, defendant, acting in pro. per., filed a petition in the superior court for resentencing pursuant to Proposition 36. Defendant asserted he was eligible for resentencing because he was sentenced to a third strike term after being convicted of a nonviolent felony, and he was not subject to any disqualifying conditions. The court appointed counsel and set a hearing. On September 6, 2013, the court found defendant was ineligible for resentencing under section 1170.126 because his current conviction was for robbery. On October 10, 2013, defendant filed…