People v. Fuller CA2/4

DISCUSSION

After review of the record, appellant’s court-appointed counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436. On April 8, 2016, we sent a letter to appellant’s last known address, advising him that he had 30 days within which to submit by brief or letter any contentions or argument he wished this court to consider. We received no response. This court has examined the entire record, and is satisfied no arguable issues exist. 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.) It created a new provision, section 1170.18, which, among other things, permits “persons who have completed felony sentences for offenses that would now be misdemeanors under Proposition 47” to “file an application with the trial court to have their felony convictions ‘designated as misdemeanors.’” (People v. Rivera, supra, 233

1 Undesignated statutory references are to the Penal Code. 2 Cal.App.4th at p. 1093, quoting § 1170.18, subd. (f).) Redesignation is available only…