California, United States of America
The following excerpt is from People v. Wilkerson, B271153 (Cal. App. 2016):
Defendant filed a notice of appeal. We appointed appellate counsel to represent him. Appointed counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant filed a supplemental brief with this court, arguing that "under [Penal Code] section . . . 667 appellant was subject to only two 5-year enhancement[s], not three. Appellant['s] 1983 robbery conviction[s] were not brought and tried separately." He also argues that the trial court abused its discretion under section 1385 by not striking his prior strike convictions "which were based on the same single act."
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