People v. McGraw CA4/2

DISCUSSION

We offered defendant an opportunity to file a personal supplemental brief, but he

has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we

have independently reviewed the record for potential error and find no arguable issues.

(§§ 1170.126, subd. (b) [“Any person serving an indeterminate term of life imprisonment

. . . upon conviction . . . of a felony . . . that [is] not defined as serious . . . by . . .

subdivision (c) of Section 1170.12, may file a petition for a recall of sentence . . . .”];

1192.7, subds. (c)(1)(19) [“robbery”] & (39) [“any attempt to commit a crime listed in

this subdivision”].)

DISPOSITION

The order is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER J.

We concur:

HOLLENHORST

Acting P. J.

KING

J.

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