People v. Spencer CA4/1

STATEMENT OF FACTS

Defendant states the facts of this case are not relevant to the appeal. We agree.

DISCUSSION

As we have indicated, appointed counsel has filed a brief summarizing the trial

proceedings. He has not presented an argument for reversal, but requests we review the

record for error in accordance with Wende, supra, 25 Cal.3d 436. In particular he

All further statutory references are to the Penal Code. 2 requests we examine the court's denial of the petition to recall his sentence. We have

done so. We conclude the trial court correctly denied the petition to recall defendant's

sentence. Defendant's conviction is for robbery, which is classified as a violent crime as

defined in section 667.5, subdivision (c)(9), making him ineligible for recall of sentence.

We have also examined the entire record, including the sentencing hearing. We

see no error in the questions presented and resolved by counsel and the court.

Finally, we note defendant has filed his own brief wherein he requests this court

exercise its discretion to alter his sentence. Of course we are not at liberty to apply our

independent discretion to reexamine and change…