People v. Espinoza CA2/5

I. INTRODUCTION

A jury convicted defendant, Javier Frank Espinoza, of resisting an executive officer. (Pen. Code, § 69.1) Defendant admitted he had sustained two prior serious felony convictions within the meaning of sections 667, subdivision (d), and 1170.12, subdivision (b). The trial court sentenced defendant to six years in state prison. We modify defendant’s presentence conduct credit, correct errors in the abstract of judgment and affirm the judgment as modified.

II. DISCUSSION

A. The Wende Brief We appointed counsel to represent defendant on appeal. After examining the record, appointed appellate counsel filed an “Opening Brief” in which no issues were raised. Instead, appointed appellate counsel requested this court independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.) On March 7, 2016, we advised defendant that he had 30 days within which to personally submit any contentions or arguments he wished us to consider. On April 20, 2016, we granted defendant 20 additional days to respond. B. Defendant’s Contentions In a brief filed on May 12, 2016, defendant argues there…