People v. Trusty CA4/2

DISCUSSION

After defendant appealed, upon his request, this court appointed counsel to

represent him. Counsel has filed a brief under the authority of People v. Wende (1979)

25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of

the case, a summary of the facts and potential arguable issues, and requesting this court

conduct an independent review of the record.

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

has not done so.

As noted above, Proposition 47 makes specified drug- and theft-related offenses

misdemeanors unless the offenses were committed by certain ineligible defendants.

These offenses had been previously designated as either felonies or wobblers (crimes that

can be punished as either felonies or misdemeanors). However, neither of defendant’s

convictions is listed in section 1170.18 as being eligible for recall of sentence. As such,

defendant was not eligible to be resentenced under section 1170.18.

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have

independently reviewed the entire record for potential error and find no arguable error

that would result in a…