People v. Rood CA3

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. Defendant filed a supplemental brief arguing the trial court unconstitutionally erred in imposing sentence for his strike offense because he did not have a jury trial on the strike allegation and because imposition of sentence for the strike placed him in double jeopardy. Defendant first contends that his sentence for the strike allegation was unconstitutional because the sentence violated his constitutional right to jury trial under Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856] and Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435]. This contention is not supported by the record. (See, e.g., People v. Kelly (2006) 40 Cal.4th 106, 126.) When the change of plea was entered, defendant waived jury trial, admitted the prior…