People v. McElroy CA3

Filed 9/14/21 P. v. McElroy CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C093089

Plaintiff and Respondent, (Super. Ct. No. CM037696)

v.

CLARK LESLIE MCELROY III,

Defendant and Appellant.

This appeal arises from the trial court’s denial of defendant Clark Leslie McElroy III’s request to recall his sentence and resentence him pursuant to Penal Code section 1170.18. Appointed counsel for defendant filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant subsequently filed a supplemental brief contending the court erred in failing…