Filed 6/27/16 P.v. E dwards CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE,

Plaintiff and Respondent,

v.

V INCENSON DESMOND EDWARDS,

Defendant and Appellant. B268087

(Los Angeles County Super. Ct. No. NA028053)

APPEAL from an order of the Superior Court of Los Angeles County, Laura L.

Laesecke, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal

, for Defendant and

Appellant.

No appearance by Plaintiff and Respondent.2

Defendant, Vincenson Desmond Edwards, appeals from an order denying his

Penal Code 1 section 1170.18 , subdivision (a) resentencing petition. We affirm the order.

On August 3, 1998, defendant was convicted of firearm possession by a felon with

a prior felony conviction. ( F ormer § 12021, subd. (a)(1) , see now § 29800, subd. (a) (1)

. )

D efendant was also convicted of felony evading an officer wi th willful disregard

. ( Former Veh. Code, § 2800.2 , Stats. 1988, ch. 504, § 3 , p. 1919 ). Defendant committed

the crimes on May 2, 1996. On January 13, 1999, t he trial court sentenced defendant to

53 years to life in state prison. (§§ 667, subds. (b)

- (i) , 667.5, 1170.12.) We modified the

judgment and affirmed. ( People v. Edwards (Jun

. 6, 2 000, B129484) [nonpub. opn.].)

On July 14, 2014, defendant filed a section 1170.126 , subdivision (a) resentencing

petition. The trial court denied the resentencing petition. The trial court found defendant

had a prior attempted murder conviction, therefore he was ineligible for resentencing.

(§§ 667, subd. (e)(2)(C)(iv)(IV), 1170.12, subd. (c)(2)(C)(iv)(IV), 1170.126, subd.

(e)(3).) We affirmed the order on appea l. ( People v. Edwards (Jan

. 12, 2015, B258918)

[nonpub. opn.].)

On September 25, 2015, defendant filed the present sect ion 1170.18 , subdivision

(a) resentencing petition. On October 14, 2015, t he trial court denied the petition. The

court found defenda nt’s felon in possession and evading convictions did not qualify under

section 1170.18, subdivisions (a) or (f). Defendant appeals from the denial order.

We appointed counsel to represent defendant on appeal. After examining the

record, appointed appell ate counsel filed an “Opening Brief” in which no issues were

raised. Instead, appointed appellate counsel requested that this court independently

review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436,

441. (See Smith v. Robb ins (2000) 528 U.S. 259, 277

- 284.) On March 11, 2016, we

advised defendant that he had 30 days within which to personally submit any contentions

or arguments he wished us to consider.

1 Further statutory references are to the Penal Code except where otherwise noted.3

On April 18, 2016, defendant filed a lengthy brief. Defendant asserts he was

denied effective assistance of counsel by his trial and appellate attorneys in 199 6 through

2000

. Defendant did not raise an y ineffectiveness issue on direct appeal from the January

13, 1999 judgment . The ineffectiveness claims should have been r aised in that appeal

.
Those issues are not properly before this court on this subs e quent appeal from the

October 14, 2015 order denying defendant’s section 1170.18 , subdivision (a) resentencing

petition

. ( Cf. People v. Johnson (2016) 244 Cal.App.4th 384, 389, fn. 5 [§ 1170.126]; s ee
generally, e.g., People v. Murphy (2001) 88 Cal.App.4th 392, 396

- 397 [ sentencing issue

should have been raised during first appeal]; People v. Senior (1995) 33 Cal.App.4th 531,

533 , 538 [defendant could not raise sentencing is sue for first time in third appeal] .)

We have examined the entire record and are satisfied appointed appellate counsel

has fully complied with his responsibilities. We agree with the trial court’s conclusion

that defendant ’s convictions did not qualify him for the relief sought

. Neither firearm

possession by a felon nor evading with willful disregard is one of the drug or theft

- related

offenses specified as eligible for resentencing under section 1170.18 , subdivision (a)

.
The order denying defendant’s resentencing petition is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P.J.

We concur:

BAKER, J.

RAPHAEL, J. 

 Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.