People v. Rios 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 November 24, 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. After being granted an extension of time, on January 26, 2015 Rios filed a supplemental brief. Rios argues that “[t]he facts of the present case do not warrant a sentence of 25 years to life” because the crime was not completed, the victim was not injured, and the jury acquitted him of assault with a deadly weapon or by means likely to produce great bodily injury and found he did not personally use a dangerous or deadly weapon. In light of the foregoing, Rios asserts that we should evaluate the entire record to determine whether the offense was a serious felony. However, we lack the authority to do so. Attempted robbery is listed in the relevant statute as a serious felony. (§ 1192.7, subds. (c)(19) & (39).) Section 1170.126, subdivision (e)(1), expressly states that an inmate is…