People v. Smith CA4/2

INTRODUCTION

In 1995, a jury convicted defendant and appellant William Shawn Smith of

attempted carjacking (Pen. Code,1 §§ 664, 215, count 1) and robbery (§ 211, count 2).

On February 2, 1996, a trial court found true the allegations that he had two prior serious

felony convictions and had served two prior prison terms. (§§ 667, subds. (b)-(i), 667.5,

subd. (b).) It then sentenced him to a total term of 25 years to life.

On January 21, 2020, defendant filed a motion for modification of his sentence

pursuant to section 1016.8. The court held a hearing on February 16, 2021, and denied

the motion.

Defendant filed a notice of appeal. Counsel has filed a brief under the authority of

People v. Wende (1979) 25 Cal.3d 436, and defendant has filed a personal supplemental

brief. We dismiss the appeal.

Defendant has also filed a petition for writ of habeas corpus. The habeas petition

will be addressed by separate order.

PROCEDURAL BACKGROUND

A jury convicted defendant of attempted carjacking (§§ 664, 215) and burglary

(§ 211). He waived his right to a jury trial on the prior convictions. A trial court found

the prior conviction allegations to be true. On February 2, 1996,…