Filed 10/15/13 P. v. Taylor CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

FARMONTAE TAYLOR,

Defendant and Appellant. B248398

(Los Angeles County Super. Ct. No. BA244373)

APPEAL from a judgment of the Superior Court of the County of Los Angeles, William C. Ryan, Ju dge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executiv e Director, Larry Pizarro for Defendant and Appellant. No appearance for Plaintiff and Respondent.2 INTRODUCTION Defendant and appellant Farmontae Taylor (defendant) appealed the trial court’s denial of his petition for recall of sentence made pursuant to Penal Code section

1170.126. 1 On appeal, appointed counsel for defendant file d an opening brief in

accordance with People v. Wende (1979) 25 Cal.3d 436 requestin g that this court conduct an independent review of the record to determ ine if there are any issu es which if resolved in defendant’s favor would require reversal or modification of the judgment. On July 3, 2013, we gave notice to defendant that his c ounsel had failed to find any arguable issues

and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant did not file a response brief or letter. After independe ntly reviewing the record, we affirm the judgment.

BACKGROUND Defendant filed a petition for recall of sentence pursuant to section 1170.126, stating that he was serving a third-strike sent ence of 25 years to life, imposed for his 2003 conviction of robbery in viola tion of section 211, enhanced by a 10-year determinate term imposed for two prior robbery convictions ch arged as serious felony priors, for a total indeterminate prison term of 35 years to life. ~(CT 7-14)~ The trial court denied the petition because defendant’s curr ent robbery conviction is a se rious felony pursuant to section 1192.7, subdivision (c) and/or a violent felony pursuant to section 667.5, subdivision (c), making defend ant ineligible for resenten cing under section 1170.126. ~(CT 96, 99)~

1 All statutory citations are to th e Penal Code unless otherwise noted.3 DISCUSSION We have made an independent examinati on of the entire record to determine if there are any other arguable issues on appeal. Based on that review, we have determined that there are no arguable issues on appeal. We are therefore satisfied that defendant’s counsel has fully complied with counsel’s responsibilities under People v. Wende

, supra , 25 Cal.3d 436.

DISPOSITION

We affirm the order.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

MOSK, Acting P. J.

We concur:

KRIEGLER, J.

KUMAR, J. 

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