People v. Good CA2/3

DISCUSSION

After review of the record, appellant’s court-appointed counsel filed an opening brief which raised no issues, and requested this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. On May 8, 2015, we advised appellant that he had 30 days to submit by brief or letter any contentions or argument he wished this court to consider. After being granted an extension of time, on July 17, 2015, Good filed a document entitled “Alternate Writ of Mandate,” which we deemed to be his supplemental brief. Good avers therein that because his current offense is neither serious nor violent, he is entitled to be resentenced, and must be released because he has already served the maximum term for his current offense. However, Good ignores the plain language of section 1170.126. Section 1170.126, subdivision (e)(3) provides that an inmate is eligible for resentencing if he or she “has no prior convictions for any of the offenses appearing in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or clause (iv) of subparagraph (C) of paragraph (2) of subdivision (c) of Section 1170.12.” “Any homicide…