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People v. Samyuth CA2/8 ( 2015 )


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  • Filed 7/27/15 P. v. Samyuth CA2/8
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
    California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
    publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
    or ordered published for purposes of rule 8.1115.
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    SECOND APPELLATE DISTRICT
    DIVISION EIGHT
    THE PEOPLE,                                                          B261660
    Plaintiff and Respondent,                         (Los Angeles County
    Super. Ct. No. BA263569)
    v.
    ROBERT SAMYUTH,
    Defendant and Appellant.
    APPEAL from an order of the Superior Court of Los Angeles County. William C.
    Ryan, Judge. Affirmed.
    Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and
    Appellant.
    No appearance for Plaintiff and Respondent.
    **********
    Defendant and appellant Robert Samyuth appeals from a postjudgment order
    denying his petition for recall of sentence pursuant to Penal Code section 1170.126,
    enacted by the Three Strikes Reform Act of 2012. We affirm.
    In 2004, defendant was convicted of arson of property. (Pen. Code, § 451,
    subd. (d).) Defendant was sentenced as a third strike offender to an indeterminate prison
    term, in light of two prior serious felony convictions: attempted murder in case
    No. 93WF1578 (§ 187, subd. (a), § 664); and attempted robbery in case No. NA041884
    (§ 211, § 664).
    Following passage of the Three Strikes Reform Act, defendant filed a timely
    petition for recall of sentence pursuant to Penal Code section 1170.126. The trial court,
    on its own motion, appointed counsel to assist defendant in the processing of his petition.
    On January 20, 2015, the trial court issued its order denying defendant’s petition on the
    grounds the current offense of arson on which defendant received his third strike sentence
    is an enumerated serious felony. (§ 1192.7, subd. (c)(14).) The serious felony status of
    the arson charge rendered defendant ineligible for resentencing under the statutory
    scheme.
    Defendant filed a timely notice of appeal of the trial court’s order. We appointed
    appellate counsel to represent defendant. Appellate counsel filed a brief pursuant to
    People v. Wende (1979) 
    25 Cal.3d 436
     (Wende) in which no issues were raised. The
    brief included a declaration from counsel that he reviewed the record and sent a letter to
    defendant explaining his evaluation of the record. Counsel further declared he advised
    defendant of his right, under Wende, to submit a supplemental brief within 30 days, and
    forwarded copies of the record to defendant. Defendant has not filed a supplemental
    brief.
    We have examined the entire record of the postjudgment proceedings submitted to
    this court, consisting of one volume of the clerk’s transcript, and are satisfied that
    appointed counsel fully complied with his responsibilities in assessing whether or not any
    2
    colorable appellate issues exist. We conclude there are no arguable appellate issues.
    (People v. Kelly (2006) 
    40 Cal.4th 106
    ; Wende, supra, 
    25 Cal.3d 436
    .)
    DISPOSITION
    The January 20, 2015 postjudgment order denying defendant’s petition for recall
    of sentence is affirmed.
    GRIMES, J.
    WE CONCUR:
    BIGELOW, P. J.
    FLIER, J.
    3
    

Document Info

Docket Number: B261660

Filed Date: 7/27/2015

Precedential Status: Non-Precedential

Modified Date: 7/27/2015