People v. Cooper CA4/1

STATEMENT OF FACTS

The facts of the underlying offenses are set forth in our prior opinion. We will not repeat them here.

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 counsel considered in evaluating the potential merits of this appeal. Whether the court erred by dismissing Cooper’s petition based on the prosecutor’s undisputed oral representation that there had been no instructions on felony murder or natural and probable consequences, without receiving on the point, or itself examining the record of conviction. 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 Cooper on this appeal.

3

DISPOSITION

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

HUFFMAN, Acting P. J.

WE CONCUR:

O’ROURKE, J.

IRION, J.

4