People v. Joachim CA1/5

DISCUSSION

Joachim appealed. His appointed counsel filed an opening brief raising no issues pursuant to Wende. Counsel informed Joachim he had the right to file a supplemental brief on his own behalf but Joachim declined to do so. We have reviewed the record pursuant to Wende and find no reasonably arguable appellate issue. Joachim, who was ably represented by counsel, did not satisfy his burden to establish the value of the stolen property did not exceed $950. (People v. Sherow (2015) 239 Cal.App.4th 875, 878-880; People v. Perkins (2016) 244 Cal.App.4th 129, 137.) An appellate opinion is part of the record of conviction and may be considered in reviewing denial of resentencing. (See People v. Guilford (2014) 228 Cal.App.4th 651, 659-660.)

2 Case numbers CR15706 and CR159624 were consolidated for trial. Joachim appealed from the conviction and this court affirmed. (People v. Joachim (Apr. 12, 2013, A135323) [nonpub. opn.].)

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DISPOSITION

The denial of Joachim’s petition for resentencing (§ 1170.18) is affirmed.

_________________________ Jones, P.J.

We concur:

_________________________ Simons, J.

_________________________ Needham, J.

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