People v. Ivy CA4/3

INTRODUCTION

Defendant Phillip Anthony Ivy appeals from the trial court’s order denying his petition to recall his prison sentence under the Three Strikes Reform Act of 2012, added by Proposition 36. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel identified potential issues to assist us in our independent review. Ivy was granted 30 days to file written arguments in his own behalf, but did not do so. We have examined the entire record and counsel’s Wende/Anders brief. After considering the entire record, we have found no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

BACKGROUND

In 1998, Ivy’s girlfriend, Kelly Baird, called 911 and reported that Ivy had beaten her up and choked her. Officers were dispatched to the apartment that Ivy and Baird shared, and found Baird extremely distraught. The officers observed bruises on Baird’s upper arms and on a thigh, and saw marks on her neck. Baird told one of the officers, inter alia, that Ivy had hit her,…