People v. Robinson CA4/2

DISCUSSION

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

represent him on appeal. 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

3 statement of the case, a summary of the facts and potential arguable issues, and

requesting this court to conduct an independent review of the record.

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

has done so. In his supplemental brief, defendant asserts that the trial court erred in

finding his offense for assault with a deadly weapon was not a qualifying offense. He

also argues that his appellate counsel rendered ineffective assistance of counsel by failing

to research the law and raise arguable issues.

As previously noted, Proposition 47 makes certain drug- and theft-related offenses

misdemeanors, unless the offenses were committed by certain ineligible defendants.

(People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) Among the crimes reduced to

misdemeanors by Proposition 47 rendering the person convicted of the crime eligible for

resentencing are: shoplifting where the…