Can a defendant appeal against his conviction and sentence for two separate criminal convictions arising from the same criminal case?

After defendant appealed, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court conduct an independent review of the record. The trial court did not violate the terms of

Page 4

the plea agreement² when it found defendant presumptively ineligible for parole because his two felony convictions arose from the same criminal case. (People v. Collier (1979) 90 Cal.App.3d 658, 661.)

We offered defendant an opportunity to file a personal supplemental brief, and he has not done so.

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.

The judgment of conviction and sentence are affirmed.