People v. Withers CA4/1

STATEMENT OF FACTS

The facts of the offense are fully set forth in our prior opinion. We will not repeat them here. (People v. Withers, supra, D071689.)

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 issue that was considered in evaluating the potential merits of this appeal. Whether the trial court correctly concluded that Withers was ineligible for resentencing under section 1170.95.

On our own motion, we take judicial notice of our records in case No. D071689. 2 We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Withers on this appeal.

DISPOSITION

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

HUFFMAN, Acting P. J.

WE CONCUR:

HALLER, J.

DATO, J.

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