People v. Allen CA4/1

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. Counsel presents no argument for reversal, 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).

We granted Allen permission to file a brief on his own behalf. He has filed a

supplemental brief in which he contends his Illinois conviction did not qualify as a strike

and the California court violated his constitutional rights by denying him a hearing

regarding dismissal of the strike. Allen seeks specific performance of the 1991 plea

agreement underlying the Illinois prior conviction. He also challenges his robbery

conviction, arguing there was no evidence of the required specific intent, so the

conviction should have been reduced to one for theft.

In Case No. SCD135889, Allen admitted having suffered the Illinois conviction

and the conviction in Case No. SCD129108 which formed the basis for the strikes. The

trial court held a hearing on his request to dismiss one of his strikes and denied the

request. (People v. Allen, supra, D032264, at pp. 10-11.) This…