STATEMENT OF FACTS

The facts of the offense are fully set forth in our prior opinion. We will include the summary of the facts from the appellant’s opening brief to provide background. The following facts were admitted by appellant in the course of his

guilty plea to the felony murder case:2

2 Since the consolidated case is based on charges unrelated to this petition, those facts are not summarized here. 2 On February 22, 1993, Sullivan and co-defendant Charles Waddey agreed to commit a robbery. Sullivan armed himself with a 30-30 rifle, and Waddey carried a hand gun. Both wore bandanas. They drove to the Stop N Go Market in Oceanside and Waddey held one of the clerks at gunpoint while Sullivan trained his rifle on the other clerk, Angel A. Sullivan shot and killed Angel A. while Waddey robbed the other clerk. As they fled the scene, Sullivan saw that two people in a car parked in front of the store were watching him. He pointed the rifle at them briefly, asked, “What are you looking at?” then ran to the getaway car. Based on these admissions, the trial court denied Sullivan’s petition for resentencing pursuant to section 1170.95.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issue that was considered in evaluating the potential merits of this appeal: Did the trial court err in concluding appellant failed to establish a prima facie case for relief. Sullivan’s submission does not address the order denying his petition under section 1170.95. Instead he complains about his original guilty plea, which was upheld in our previous opinion on direct appeal. Sullivan’s submission does not raise any arguable issues for reversal on appeal. We have reviewed the entire record as mandated by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Sullivan on this appeal.

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DISPOSITION

The order denying Sullivan’s petition for resentencing under section 1170.95 is affirmed.

HUFFMAN, J.

WE CONCUR:

BENKE, Acting P. J.

IRION, J.

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