P.

P. v. Morgan CA6

Good Law
Court of Appeal of CaliforniaMay 31, 2013H038394California2,340 words

Opinion

Opinion

Manoukian, J.

I. INTRODUCTION

After a jury trial, defendant Todd Sheldon Morgan was found guilty of committing assault with a deadly weapon by a life prisoner with malice aforethought (Pen. Code, § 4500)1 on a victim 70 years of age or older (§ 12022.7, subd. (c)). He admitted the allegations that he had six prior violent or serious felony convictions that also qualified as strikes within the meaning of the Three Strikes law (§ 1170.12, subd. (c)(2)). The trial court imposed a sentence of 27 years to life plus a consecutive three-year term. Defendant filed a timely notice of appeal, and we appointed counsel to represent him in this court. Appointed counsel filed an opening brief that stated the case and facts but raised no issue. We notified defendant of his right to submit written argument on his

1 All further statutory references are to the Penal Code unless otherwise indicated. own behalf within 30 days. The 30-day period elapsed without any response from defendant. In our original opinion filed on March 21, 2013, we reviewed the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106. Following the California Supreme Court‟s direction in…

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