People v. King CA2/8 ( 2020 )


Menu:
  • Filed 8/17/20 P. v. King 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    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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    has not been certified for publication or ordered published for purposes of rule 8.1115.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,                                                      B303801
    Plaintiff and Respondent,                              (Los Angeles County
    Super. Ct. No. NA059030)
    v.
    ROLAND RICHARD KING,
    Defendant and Appellant.
    APPEAL from an order of the Superior Court of
    Los Angeles County, Judith L. Meyer, Judge. Affirmed.
    Adrian K. Panton, under appointment by the Court of
    Appeal, for Defendant and Appellant.
    No appearance for Plaintiff and Respondent.
    ____________________
    We review this appeal under People v. Wende (1979) 
    25 Cal.3d 436
     (Wende). We affirm. Code citations are to the Penal
    Code.
    A September 29, 2004 information charged Roland King
    with 50 counts of robbery under section 211 and three counts of
    attempted robbery under sections 664 and 211. On March 24,
    2005, the trial court sentenced King to 34 years. The appellate
    record does not include details of the underlying crimes or trial
    court proceedings.
    On November 18, 2019, King filed a motion under section
    3051 and People v. Franklin (2016) 
    63 Cal.4th 261
     (Franklin). He
    requested the trial court take judicial notice of documents
    attached to the motion—a mitigation report and a psychological
    evaluation—and forward them to the California Department of
    Corrections to use in a mandated youth offender parole hearing.
    Defense counsel represented King at the November 21,
    2019 Franklin hearing. King’s presence was waived. The trial
    court admitted the documents into evidence and ordered them
    forwarded to the California Department of Corrections.
    King filed a notice of appeal on December 30, 2019. He
    appealed from the trial court’s November 21, 2019 order, but
    stated his basis for appealing was a “Resentencing Error.”
    We appointed counsel to represent King. On June 23, 2020,
    counsel filed a Wende brief raising no issues and asking this court
    to review the record independently. Counsel advised King he had
    30 days to file a supplemental brief.
    King filed a supplemental brief on July 6, 2020. In this
    brief, he raised an argument unrelated to the order from which
    he appealed. He contended the trial court misspoke when it
    sentenced him to 34 years in 2005. This claim has nothing to do
    2
    with the trial court’s November 21, 2019 order admitting
    evidence and completing proceedings under Franklin. King thus
    did not raise any arguable issues for reversal on appeal.
    We have reviewed the entire record and are satisfied King’s
    counsel fully complied with his responsibilities. There are no
    arguable issues for reversal on appeal. (See Wende, supra, 25
    Cal.3d at p. 441.)
    DISPOSITION
    The order is affirmed.
    WILEY, J.
    We concur:
    GRIMES, Acting P. J.
    STRATTON, J.
    3
    

Document Info

Docket Number: B303801

Filed Date: 8/17/2020

Precedential Status: Non-Precedential

Modified Date: 8/18/2020