People v. Perry CA2/5

INTRODUCTION

Defendant and appellant Curtis Perry (defendant) appeals from the trial court’s order denying his petition for recall of his three strikes sentence. On appeal, defendant’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) requesting that this court independently review the entire record to determine if there are any issues, which if resolved in defendant’s favor, would require reversal or modification of the judgment. Accordingly, we notified defendant that he could brief any grounds of appeal, contentions, or arguments he wanted us to consider. Defendant did not file a supplemental brief. Based on our independent review of the entire file, we conclude that there are no arguable issues on appeal. We therefore affirm the trial court’s order denying his petition to recall his sentence.

PROCEDURAL BACKGROUND

In 1997, defendant was convicted on two counts of forgery in violation of Penal Code section 470, subdivision (d). The trial court found that defendant had suffered twenty prior strike convictions within the meaning of sections 667 and 1170.12, including a conviction for attempted murder in violation of Penal Code sections…