People v. Lombardi CA4/1

DISCUSSION

We have reviewed the entire record as required by Wende, supra, 25 Cal.3d 436.

In compliance with Anders v. California (1967) 386 U.S.738 (Anders), appellate counsel

has provided two possible, but not reasonably arguable issues for our consideration:

1. Whether Lombardi's petition was timely filed since it was mailed by a prison

official on October 19, 2014?

2. Whether Lombardi's commitment offense disqualified him from resentencing

under section 1170.126?

Lombardi has filed a supplemental brief in his appeal. He contends his petition

was timely filed since he gave it to the appropriate prison authorities on October 19,

Given the very limited nature of this appeal we will not include a statement of facts. 2 2014. Thus he argues his filing was timely even though the petition was not filed with

the superior court until after November 6, 2014. In addition, Lombardi contends the

court erred in finding that attempted kidnapping was a serious felony. He argues section

1192.7, subdivision (c) is ambiguous and we should find his offense was not a serious

felony.

We will assume for the purposes of this appeal the trial court erred in finding…