People v. Mohamed CA2/3

DISCUSSION

After review of the record, Mohamed’s court-appointed counsel filed an opening brief which raised no issues and 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 21, 2015, we advised Mohamed that he had 30 days to submit by brief or letter any contentions or argument he wished this court to consider. On May 18, 2015, Mohamed filed a supplemental opening brief. Mohamed’s brief raises the same issue raised in his petition: his 1995 sentence of 35 years to life violated his 1987 plea agreement. It did not. At the 1987 plea hearing, Mohamed was advised, “This offense which results in your commitment to state prison

1 All statutory references are to the Penal Code.

2 will also be a serious felony, which can be used in the future should you pick up any new felony offenses, adding a potential either one year, three years, or five years, increasing the sentencing range that you might face, or it could be used to deny you probation.” When Mohamed, in 1995, was convicted of first degree burglary, his 25-years-to-life sentence was therefore enhanced by five years for the prior 1987 strike…