People v. Nelson CA2/3

DISCUSSION

After review of the record, appellant’s court-appointed counsel filed an opening brief which raised no issues, and requested this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. On December 22, 2014, we advised appellant that he had 30 days to submit by brief or letter any contentions or argument he wished this court to consider. No response has been received to date. The superior court’s ruling was correct. Nelson is not eligible for resentencing on count 4 because kidnapping is both a serious and a violent felony (§§ 667.5, subd. (c)(14), 1192.7, subd. (c)(20)). Nelson is ineligible for resentencing on counts 5 and 8 because he was armed with a firearm during both offenses. (See §§ 1170.126, subd. (e)(2), 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii); People v. Guilford (2014) 228 Cal.App.4th 651, 661, 657-661; People v. Bradford (2014) 227 Cal.App.4th 1322, 1331; People v. White (2014) 223 Cal.App.4th 512, 527.) We have examined the entire record and are satisfied appellant’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (People v. Kelly (2006) 40…