People v. Garcia CA2/3

DISCUSSION

After review of the record, appellant’s court-appointed counsel filed an opening brief which raised no issues and which asked this court to conduct an independent review of the record, under People v. Wende (1979) 25 Cal.3d 436, 441. By letter dated April 7, 2015, we advised appellant that he had 30 days to submit by brief or letter any contentions or argument he wished this court to consider. That letter was returned, unopened, to the court. Section 17 outlines the procedural mechanism for reducing certain misdemeanors listed in section 19.8 to infractions. Although Garcia’s motion requested a reduction of a charge of driving without a driver’s license, the charge that was before the trial court was forgery.4 Forgery is not listed in section 19.8. Garcia was therefore not entitled to relief. Also, on this record, Garcia was not entitled to relief under section 851.8, concerning the sealing and destruction of arrest records and determinations of factual innocence, or under section 1203.4, concerning termination of probation. We have examined the record and are satisfied Garcia’s appellate attorney has fully complied with the responsibilities of counsel and no arguable…