People v. Birch CA4/1

I.

INTRODUCTION

Ronald Birch filed a petition for recall of sentence pursuant to the Three Strikes

Reform Act of 2012 (Pen. Code, § 1170.126.)1 Section 1170.126, subdivision (b)

permits individuals who are serving indeterminate sentences under the Three Strikes law

and whose current conviction is not based on a serious or violent felony, to file a petition

for recall of sentence. The trial court denied Birch's petition. In its order, the trial court

stated that Birch was ineligible for resentencing under section 1170.126 because his

current commitment was for the offense of residential burglary (§§ 459, 460), which is a

serious felony as defined by section 1192.7, subdivision (c)(18).

Appointed appellate counsel filed a brief presenting no argument for reversal, but

inviting this court to review the record for error in accordance with People v. Wende

(1979) 25 Cal.3d 436 (Wende). Birch filed a supplemental brief in which he raises two

claims pertaining to the imposition of his original sentence. After having independently

reviewed the entire record for error as required by Anders v. California (1967) 386 U.S.

738 (Anders) and Wende, and considering the issues…