People v. Green CA2/7

DISCUSSION

We appointed counsel to represent Green on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On April 29, 2016, we advised Green he had 30 days within which to personally submit any contentions or issues he wished us to consider. On May 16, 2016, we received an 11-page typed supplemental brief in which Green asserted the use of his two 1982 robbery convictions to sentence him under the Three Strikes law violated the plea agreement in case No. A455280 in which he was sentenced to concurrent terms on those counts. Green maintains the concurrent sentence meant his two robbery convictions could no longer be considered as separate strikes. In his motion to dismiss and supplemental brief, Green is challenging whether he was appropriately sentenced as a third strike offender. These issues are not properly before us. They either should have been or were raised in Green’s direct appeal, which has been fully resolved, or in his petition for writ of habeas corpus, which has been denied. In any event, Green’s contentions are without merit. Whether a prior conviction qualifies as a strike depends on whether, at the time of the…