People v. Lee CA5

INTRODUCTION

Appellant Stephen Lee pleaded no contest to voluntary manslaughter and attempted murder, and he was sentenced to 25 years four months in prison pursuant to a negotiated disposition. Thereafter, he filed numerous motions in the superior court and asserted he should be resentenced based on subsequent legislative enactments, initiatives, and court rulings. These motions were denied, and he filed the instant notice of appeal after the denial of his most recent motion for resentencing. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm.

PROCEDURAL HISTORY1

Plea Proceedings On August 12, 2003, appellant entered into a negotiated disposition in the Superior Court of Fresno County and pleaded no contest to count 1, voluntary manslaughter (Pen. Code, § 192, subd. (a)),2 and admitted enhancements for personal use of a firearm (§ 12022.5, subd. (a)(1)) and that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). He also pleaded no contest to count 2,…